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    <title>2006 (2) TMI 408 - CESTAT, KOLKATA</title>
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    <description>The court found the detention of Shri Amar Kishore Prosad of Ramgarwa to be illegal as it exceeded the 24-hour limit. It held that the burden of proof regarding the origin of the gold was on the Department, which failed to establish the gold bars were of foreign origin. Statements obtained under prolonged detention were deemed lacking in evidentiary value. As a result, the order by the Commissioner (Appeals) was overturned, and the appeals were allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=117674</link>
      <description>The court found the detention of Shri Amar Kishore Prosad of Ramgarwa to be illegal as it exceeded the 24-hour limit. It held that the burden of proof regarding the origin of the gold was on the Department, which failed to establish the gold bars were of foreign origin. Statements obtained under prolonged detention were deemed lacking in evidentiary value. As a result, the order by the Commissioner (Appeals) was overturned, and the appeals were allowed.</description>
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