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    <title>2024 (2) TMI 378 - CESTAT ALLAHABAD</title>
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    <description>Recovery of gold bars could not be proved solely from the panchnama where the panch witnesses were not examined and the persons concerned denied the seizure, so the alleged recovery was not established to the required standard. Retracted custodial statements, without inquiry into voluntariness or corroboration, and call records that did not prove location, foreign origin, import, or actual dealing in smuggled goods were insufficient to prove smuggling or liability to penalty. As the Revenue failed to establish illegal import and the goods&#039; liability to confiscation on reliable evidence, penalty under the Customs Act could not be sustained and the appeals were allowed with consequential relief.</description>
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    <pubDate>Tue, 05 Dec 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=449227</link>
      <description>Recovery of gold bars could not be proved solely from the panchnama where the panch witnesses were not examined and the persons concerned denied the seizure, so the alleged recovery was not established to the required standard. Retracted custodial statements, without inquiry into voluntariness or corroboration, and call records that did not prove location, foreign origin, import, or actual dealing in smuggled goods were insufficient to prove smuggling or liability to penalty. As the Revenue failed to establish illegal import and the goods&#039; liability to confiscation on reliable evidence, penalty under the Customs Act could not be sustained and the appeals were allowed with consequential relief.</description>
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