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    <title>1992 (5) TMI 90 - CEGAT, CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=81853</link>
    <description>The Court found that the Department failed to prove the seized goods were of foreign origin, as they bore Indian names and descriptions, indicating they were manufactured in India. Without sufficient evidence, the Department did not meet its burden of proof, leading to the unlawful confiscation of goods and penalty. The Court ruled in favor of the appellant, ordering the return of goods and setting aside the penalty. The judgment highlighted the significance of meeting the burden of proof in customs cases, ultimately emphasizing the lack of evidence supporting the Department&#039;s claim of smuggling.</description>
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    <pubDate>Tue, 05 May 1992 00:00:00 +0530</pubDate>
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      <title>1992 (5) TMI 90 - CEGAT, CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=81853</link>
      <description>The Court found that the Department failed to prove the seized goods were of foreign origin, as they bore Indian names and descriptions, indicating they were manufactured in India. Without sufficient evidence, the Department did not meet its burden of proof, leading to the unlawful confiscation of goods and penalty. The Court ruled in favor of the appellant, ordering the return of goods and setting aside the penalty. The judgment highlighted the significance of meeting the burden of proof in customs cases, ultimately emphasizing the lack of evidence supporting the Department&#039;s claim of smuggling.</description>
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      <pubDate>Tue, 05 May 1992 00:00:00 +0530</pubDate>
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