https://www.taxtmi.com/caselaws?id=291427 The High Court of Calcutta upheld the department's appeal, annulling the writ petitioner's confiscation of eleven gold biscuits and consequent penalty. Despite the petitioner's claims of purchase from a specific supplier, discrepancies in weight and lack of transaction records post-March 1993 led to disbelief in the defense. The Court emphasized the petitioner's failure to prove the gold's origin satisfactorily, leading to adverse inferences. Judicial review upheld the Tribunal's findings as not clearly erroneous. An alternative argument under Section 125 of the Customs Act was disregarded. The Court set aside the previous judgment, reinstated the Tribunal's order, and directed legal action against the petitioner, who was also ordered to pay costs. en-us Thu, 13 Feb 2020 00:00:00 +0530 Tue, 10 Nov 2020 07:00:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291427 The High Court of Calcutta upheld the department's appeal, annulling the writ petitioner's confiscation of eleven gold biscuits and consequent penalty. Despite the petitioner's claims of purchase from a specific supplier, discrepancies in weight and lack of transaction records post-March 1993 led to disbelief in the defense. The Court emphasized the petitioner's failure to prove the gold's origin satisfactorily, leading to adverse inferences. Judicial review upheld the Tribunal's findings as not clearly erroneous. An alternative argument under Section 125 of the Customs Act was disregarded. The Court set aside the previous judgment, reinstated the Tribunal's order, and directed legal action against the petitioner, who was also ordered to pay costs. Case-Laws Customs Thu, 13 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291427