https://www.taxtmi.com/caselaws?id=74028 Confiscation of accounted primary gold claimed by customers requires proof that the customers knew of or connived in the dealer's statutory contravention. Where the allegations are limited to record-keeping breaches, with no allegation of illegal acquisition, and customer claims support that the gold derived from melted ornaments, confiscation is unsustainable absent such proof. Record-keeping violations may nevertheless justify penalty where open entries are admitted and the breach is not merely technical. Penalty quantum may be reduced where the default is established but the original amount lacks sufficient justification. The stated result annulled confiscation and substantially reduced the penalty. en-us Mon, 17 Oct 1988 00:00:00 +0530 Wed, 01 Feb 2012 17:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=74028 Confiscation of accounted primary gold claimed by customers requires proof that the customers knew of or connived in the dealer's statutory contravention. Where the allegations are limited to record-keeping breaches, with no allegation of illegal acquisition, and customer claims support that the gold derived from melted ornaments, confiscation is unsustainable absent such proof. Record-keeping violations may nevertheless justify penalty where open entries are admitted and the breach is not merely technical. Penalty quantum may be reduced where the default is established but the original amount lacks sufficient justification. The stated result annulled confiscation and substantially reduced the penalty. Case-Laws Central Excise Mon, 17 Oct 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=74028