https://www.taxtmi.com/caselaws?id=451029 CESTAT Hyderabad allowed the appeal in a gold seizure case involving allegations of smuggling and illicit transport. The tribunal found that seized gold bars of irregular shape and weight lacked foreign refinery markings. Statements recorded from appellants and staff were deemed unreliable as they appeared coerced rather than freely given. The statement under Section 108 was inadmissible due to denial of cross-examination rights under Section 138B. The claimant successfully proved licit source through evidence of converting old gold ornaments via refinery at Narasaraopet, discharging burden under Section 123. The tribunal set aside confiscation and penalties, ordering return of gold or sale proceeds with interest. en-us Mon, 18 Mar 2024 00:00:00 +0530 Mon, 18 Mar 2024 14:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=451029 CESTAT Hyderabad allowed the appeal in a gold seizure case involving allegations of smuggling and illicit transport. The tribunal found that seized gold bars of irregular shape and weight lacked foreign refinery markings. Statements recorded from appellants and staff were deemed unreliable as they appeared coerced rather than freely given. The statement under Section 108 was inadmissible due to denial of cross-examination rights under Section 138B. The claimant successfully proved licit source through evidence of converting old gold ornaments via refinery at Narasaraopet, discharging burden under Section 123. The tribunal set aside confiscation and penalties, ordering return of gold or sale proceeds with interest. Case-Laws Customs Mon, 18 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=451029