https://www.taxtmi.com/caselaws?id=90292 Confiscation of foreign exchange requires the department to prove its smuggled origin unless the statutory burden shifts to the person from whom it was seized. Possession by an unlicensed foreign exchange dealer, without supporting evidence, does not establish smuggled origin. Confiscation of Indian currency as sale proceeds under Section 121 additionally requires proof that it represents proceeds of smuggled goods; absent proof of the underlying smuggling, confiscability is not established. Penalties founded solely on unsupported confiscation findings cannot be sustained. Failure to prove the statutory conditions for smuggled origin and sale proceeds defeats both confiscation and consequential penalties. en-us Thu, 11 Feb 1999 00:00:00 +0530 Tue, 04 Oct 2011 18:22:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=90292 Confiscation of foreign exchange requires the department to prove its smuggled origin unless the statutory burden shifts to the person from whom it was seized. Possession by an unlicensed foreign exchange dealer, without supporting evidence, does not establish smuggled origin. Confiscation of Indian currency as sale proceeds under Section 121 additionally requires proof that it represents proceeds of smuggled goods; absent proof of the underlying smuggling, confiscability is not established. Penalties founded solely on unsupported confiscation findings cannot be sustained. Failure to prove the statutory conditions for smuggled origin and sale proceeds defeats both confiscation and consequential penalties. Case-Laws Customs Thu, 11 Feb 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=90292