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    <title>2022 (8) TMI 495 - CESTAT ALLAHABAD</title>
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    <description>Seized cash cannot be confiscated as sale proceeds unless the department proves that it represents consideration for goods liable to confiscation. On the stated facts, the cash was found explained and was not established as sale proceeds of excisable goods. Penalty under Rule 26 of the Central Excise Rules, 2002 also requires knowing dealing with excisable goods liable to confiscation, but the allegation here concerned invoices without actual movement or receipt of goods, which did not satisfy that statutory basis. Section 121 of the Customs Act, 1962 was held inapplicable because the cash was not proved to be proceeds of smuggled goods or of sale of confiscable goods.</description>
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    <pubDate>Wed, 10 Aug 2022 00:00:00 +0530</pubDate>
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      <title>2022 (8) TMI 495 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=426256</link>
      <description>Seized cash cannot be confiscated as sale proceeds unless the department proves that it represents consideration for goods liable to confiscation. On the stated facts, the cash was found explained and was not established as sale proceeds of excisable goods. Penalty under Rule 26 of the Central Excise Rules, 2002 also requires knowing dealing with excisable goods liable to confiscation, but the allegation here concerned invoices without actual movement or receipt of goods, which did not satisfy that statutory basis. Section 121 of the Customs Act, 1962 was held inapplicable because the cash was not proved to be proceeds of smuggled goods or of sale of confiscable goods.</description>
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