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    <title>1987 (6) TMI 236 - CEGAT, BOMBAY</title>
    <link>https://www.taxtmi.com/caselaws?id=73828</link>
    <description>The Tribunal ruled in favor of the appellants, finding that the burden of proof under Section 123 of the Customs Act could not be shifted as the diamonds were initially described as semi-precious stones and there was no reasonable belief of smuggling at the time of seizure. Insufficient evidence was presented to prove the diamonds were smuggled, and the actions of the Customs officers were deemed unjustified. The confiscation of diamonds and penalty imposition were overturned, with directions given for the return of the diamonds and refund of the penalty. Other parties&#039; appeals were dismissed as they were not affected by the original order.</description>
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    <pubDate>Wed, 10 Jun 1987 00:00:00 +0530</pubDate>
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      <title>1987 (6) TMI 236 - CEGAT, BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=73828</link>
      <description>The Tribunal ruled in favor of the appellants, finding that the burden of proof under Section 123 of the Customs Act could not be shifted as the diamonds were initially described as semi-precious stones and there was no reasonable belief of smuggling at the time of seizure. Insufficient evidence was presented to prove the diamonds were smuggled, and the actions of the Customs officers were deemed unjustified. The confiscation of diamonds and penalty imposition were overturned, with directions given for the return of the diamonds and refund of the penalty. Other parties&#039; appeals were dismissed as they were not affected by the original order.</description>
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      <pubDate>Wed, 10 Jun 1987 00:00:00 +0530</pubDate>
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