https://www.taxtmi.com/caselaws?id=412060 In a town seizure of gold without foreign markings, the burden under Section 123 of the Customs Act did not shift to the assessee because the Revenue did not produce independent or corroborative evidence of smuggled foreign origin. A statement recorded under Section 108, standing alone and not shown to satisfy Section 138B, was treated as insufficient to prove smuggling, especially where the statement was general and not a clear confession about the seized gold. On that reasoning, confiscation and penalty were set aside, with consequential relief including return of the gold or sale proceeds. en-us Mon, 06 Sep 2021 00:00:00 +0530 Thu, 09 Sep 2021 08:19:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412060 In a town seizure of gold without foreign markings, the burden under Section 123 of the Customs Act did not shift to the assessee because the Revenue did not produce independent or corroborative evidence of smuggled foreign origin. A statement recorded under Section 108, standing alone and not shown to satisfy Section 138B, was treated as insufficient to prove smuggling, especially where the statement was general and not a clear confession about the seized gold. On that reasoning, confiscation and penalty were set aside, with consequential relief including return of the gold or sale proceeds. Case-Laws Customs Mon, 06 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412060