https://www.taxtmi.com/caselaws?id=441226 The Tribunal set aside the order of absolute confiscation of 999.940 grams of gold and the imposition of a penalty on the appellant. It found that the confiscation and penalty were based on presumptions without concrete evidence of smuggling. The appellant provided credible evidence, including an affidavit and bus tickets, supporting the claim that the gold was melted family jewelry, not smuggled. The Tribunal held that Section 123 of the Customs Act, 1962, was wrongly invoked, as there was no reasonable belief of smuggling. The department was instructed to report on the recovery of 5514.8 grams of gold from the Innova car. en-us Wed, 02 Aug 2023 00:00:00 +0530 Sat, 03 Feb 2024 10:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441226 The Tribunal set aside the order of absolute confiscation of 999.940 grams of gold and the imposition of a penalty on the appellant. It found that the confiscation and penalty were based on presumptions without concrete evidence of smuggling. The appellant provided credible evidence, including an affidavit and bus tickets, supporting the claim that the gold was melted family jewelry, not smuggled. The Tribunal held that Section 123 of the Customs Act, 1962, was wrongly invoked, as there was no reasonable belief of smuggling. The department was instructed to report on the recovery of 5514.8 grams of gold from the Innova car. Case-Laws Customs Wed, 02 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441226