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    <title>1983 (11) TMI 288 - CEGAT CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=166737</link>
    <description>Three cut pieces of gold were held to be primary gold, not articles, because their character was not altered by being smeared with sindhur or used for worship; the declaration requirement under section 16(5) of the Gold Control Act therefore applied and the exemption for articles was unavailable. The statutory option to pay fine in lieu of confiscation under section 73 was held to be discretionary, not mandatory, and section 74, which concerns personal penalty, did not apply. Redemption fine could not exceed the value of the confiscated gold, so the fine was reduced to that limit and any excess ordered refunded. Confiscation itself was upheld.</description>
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    <pubDate>Thu, 24 Nov 1983 00:00:00 +0530</pubDate>
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      <title>1983 (11) TMI 288 - CEGAT CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=166737</link>
      <description>Three cut pieces of gold were held to be primary gold, not articles, because their character was not altered by being smeared with sindhur or used for worship; the declaration requirement under section 16(5) of the Gold Control Act therefore applied and the exemption for articles was unavailable. The statutory option to pay fine in lieu of confiscation under section 73 was held to be discretionary, not mandatory, and section 74, which concerns personal penalty, did not apply. Redemption fine could not exceed the value of the confiscated gold, so the fine was reduced to that limit and any excess ordered refunded. Confiscation itself was upheld.</description>
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      <pubDate>Thu, 24 Nov 1983 00:00:00 +0530</pubDate>
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