https://www.taxtmi.com/caselaws?id=95316 Penalties under confiscation-based fiscal provisions cannot rest on retracted statements alone; independent corroborative evidence is required to establish the appellant's involvement, knowledge, and the legal basis for confiscation. The record relied on a telephonic conversation and co-accused statements, but the alleged conversation date was not supported and the statements were withdrawn without corroboration. As the evidence did not prove mens rea or a sufficient link with the seized gold, the penalties under Section 112 of the Customs Act, 1962 and Section 74 of the Gold (Control) Act, 1968 were unsustainable and were set aside. en-us Fri, 08 Dec 2000 00:00:00 +0530 Sat, 10 Dec 2011 11:48:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95316 Penalties under confiscation-based fiscal provisions cannot rest on retracted statements alone; independent corroborative evidence is required to establish the appellant's involvement, knowledge, and the legal basis for confiscation. The record relied on a telephonic conversation and co-accused statements, but the alleged conversation date was not supported and the statements were withdrawn without corroboration. As the evidence did not prove mens rea or a sufficient link with the seized gold, the penalties under Section 112 of the Customs Act, 1962 and Section 74 of the Gold (Control) Act, 1968 were unsustainable and were set aside. Case-Laws Customs Fri, 08 Dec 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95316