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    <title>1988 (10) TMI 139 - CEGAT, BOMBAY</title>
    <link>https://www.taxtmi.com/caselaws?id=74028</link>
    <description>Primary gold treated as accounted and claimed to represent customers&#039; melted ornaments could not be confiscated where the notice was confined to contravention of record-keeping provisions and the department did not allege illegal acquisition or prove customer knowledge or connivance. Confiscation was therefore set aside. Violation of the statutory record-keeping requirement was nevertheless established from the admitted open entries, so penalty was sustained in principle; however, the original quantum was found excessive and was reduced substantially. The note states that accountable goods claimed to belong to customers are not liable to confiscation absent proof of the customers&#039; involvement in the dealer&#039;s contravention, while penalty may be moderated where the default is proved but the amount is disproportionate.</description>
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    <pubDate>Mon, 17 Oct 1988 00:00:00 +0530</pubDate>
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      <title>1988 (10) TMI 139 - CEGAT, BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=74028</link>
      <description>Primary gold treated as accounted and claimed to represent customers&#039; melted ornaments could not be confiscated where the notice was confined to contravention of record-keeping provisions and the department did not allege illegal acquisition or prove customer knowledge or connivance. Confiscation was therefore set aside. Violation of the statutory record-keeping requirement was nevertheless established from the admitted open entries, so penalty was sustained in principle; however, the original quantum was found excessive and was reduced substantially. The note states that accountable goods claimed to belong to customers are not liable to confiscation absent proof of the customers&#039; involvement in the dealer&#039;s contravention, while penalty may be moderated where the default is proved but the amount is disproportionate.</description>
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      <pubDate>Mon, 17 Oct 1988 00:00:00 +0530</pubDate>
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