https://www.taxtmi.com/caselaws?id=95239 Penalty under the Customs Act could not be sustained where the Department relied on broad allegations, Section 108 statements and an inference that seized foreign currency represented sale proceeds of smuggled gold, without specific material linking the noticee to the disposal of the gold or to possession or dealing in the currency. The burden of proving actual involvement was not discharged, and the statutory presumption under Section 123 was held inapplicable on the facts. The impugned penalty was therefore set aside. en-us Thu, 30 Nov 2000 00:00:00 +0530 Fri, 09 Dec 2011 11:24:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95239 Penalty under the Customs Act could not be sustained where the Department relied on broad allegations, Section 108 statements and an inference that seized foreign currency represented sale proceeds of smuggled gold, without specific material linking the noticee to the disposal of the gold or to possession or dealing in the currency. The burden of proving actual involvement was not discharged, and the statutory presumption under Section 123 was held inapplicable on the facts. The impugned penalty was therefore set aside. Case-Laws Customs Thu, 30 Nov 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95239