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For non-notified betel nuts, the burden under Section 123 remains on Revenue to prove their smuggled character and cannot be discharged by assumptions, presumptions or uncorroborated statements. Transport documents identifying consignors in Mizoram and consignees in West Bengal do not establish cross-border movement. An expert opinion that samples merely appear to originate from the North-East, including the Myanmar region, is inconclusive of Myanmar origin. Without reliable proof of foreign origin and illicit importation, absolute confiscation of the goods and consequential penalties cannot be sustained.
For non-notified betel nuts, the burden under Section 123 remains on Revenue to prove their smuggled character and cannot be discharged by assumptions, presumptions or uncorroborated statements. Transport documents identifying consignors in Mizoram and consignees in West Bengal do not establish cross-border movement. An expert opinion that samples merely appear to originate from the North-East, including the Myanmar region, is inconclusive of Myanmar origin. Without reliable proof of foreign origin and illicit importation, absolute confiscation of the goods and consequential penalties cannot be sustained.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4913 
