https://www.taxtmi.com/caselaws?id=438133 CESTAT Kolkata allowed the appeal in a gold smuggling case where 3999.590 gms of gold bars were seized from carriers at Gaya railway station. The tribunal held that the department failed to prove the gold was smuggled from Bangladesh, finding it was of Indian origin based on purity levels (99.5-99.8% versus typical foreign gold at 99.99%) and absence of foreign markings. The presumption under Section 123 of Customs Act did not apply as the gold was domestically sourced. Retracted statements of co-accused without corroboration were deemed insufficient to establish guilt. Penalties under Sections 112(a)(b) and 114AA were set aside as no prohibited goods or false declarations were proven. en-us Thu, 18 May 2023 00:00:00 +0530 Thu, 19 Jun 2025 13:04:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438133 CESTAT Kolkata allowed the appeal in a gold smuggling case where 3999.590 gms of gold bars were seized from carriers at Gaya railway station. The tribunal held that the department failed to prove the gold was smuggled from Bangladesh, finding it was of Indian origin based on purity levels (99.5-99.8% versus typical foreign gold at 99.99%) and absence of foreign markings. The presumption under Section 123 of Customs Act did not apply as the gold was domestically sourced. Retracted statements of co-accused without corroboration were deemed insufficient to establish guilt. Penalties under Sections 112(a)(b) and 114AA were set aside as no prohibited goods or false declarations were proven. Case-Laws Customs Thu, 18 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438133