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    <title>2009 (7) TMI 1059 - CESTAT AHMEDABAD</title>
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    <description>Seized Indian currency could be confiscated under Section 121 of the Customs Act, 1962 only if the department proved a completed sale of smuggled goods and a reliable nexus between that sale and the cash. Because the alleged diversion of imported goods and related Cenvat credit proceedings were still pending, the allegations had not attained finality and could not be treated as proof. In the absence of independent evidence showing that the currency represented sale proceeds of smuggled or diverted goods, the statutory burden was not discharged. The confiscation and connected penalties were therefore set aside.</description>
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    <pubDate>Thu, 16 Jul 2009 00:00:00 +0530</pubDate>
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      <title>2009 (7) TMI 1059 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=128242</link>
      <description>Seized Indian currency could be confiscated under Section 121 of the Customs Act, 1962 only if the department proved a completed sale of smuggled goods and a reliable nexus between that sale and the cash. Because the alleged diversion of imported goods and related Cenvat credit proceedings were still pending, the allegations had not attained finality and could not be treated as proof. In the absence of independent evidence showing that the currency represented sale proceeds of smuggled or diverted goods, the statutory burden was not discharged. The confiscation and connected penalties were therefore set aside.</description>
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      <pubDate>Thu, 16 Jul 2009 00:00:00 +0530</pubDate>
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