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    <title>1999 (5) TMI 557 - CEGAT, KOLKATA</title>
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    <description>For non-notified and non-specified goods, the department must prove smuggled character by legal evidence; erased marks of origin alone do not justify confiscation or penalty. Where the inspection report only showed erased origin markings and there was no finding that the goods were of foreign origin or any independent evidence of smuggling, mere suspicion could not displace the burden of proof. Confiscation and penalty were therefore held unsustainable and were set aside, with consequential relief granted to the appellant.</description>
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    <pubDate>Tue, 04 May 1999 00:00:00 +0530</pubDate>
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      <title>1999 (5) TMI 557 - CEGAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=105899</link>
      <description>For non-notified and non-specified goods, the department must prove smuggled character by legal evidence; erased marks of origin alone do not justify confiscation or penalty. Where the inspection report only showed erased origin markings and there was no finding that the goods were of foreign origin or any independent evidence of smuggling, mere suspicion could not displace the burden of proof. Confiscation and penalty were therefore held unsustainable and were set aside, with consequential relief granted to the appellant.</description>
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      <pubDate>Tue, 04 May 1999 00:00:00 +0530</pubDate>
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