https://www.taxtmi.com/caselaws?id=751966 CESTAT Kolkata set aside confiscation of twelve gold biscuits and penalty under Section 112(b)(ii) of Customs Act 1962. The appellant was intercepted carrying gold claimed to be domestically purchased and inherited from father. The tribunal held that reasonable belief regarding smuggled nature was unsupported by corroborative evidence, based only on assumptions without concrete proof. Section 123 burden of proof provisions were inapplicable absent reasonable belief of smuggling. Gold purity below international standards and retracted statements without independent evidence insufficient for confiscation. Investigation failed to counter appellant's inheritance claim, making penalty unimposable. en-us Mon, 29 Apr 2024 00:00:00 +0530 Wed, 01 May 2024 07:58:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751966 CESTAT Kolkata set aside confiscation of twelve gold biscuits and penalty under Section 112(b)(ii) of Customs Act 1962. The appellant was intercepted carrying gold claimed to be domestically purchased and inherited from father. The tribunal held that reasonable belief regarding smuggled nature was unsupported by corroborative evidence, based only on assumptions without concrete proof. Section 123 burden of proof provisions were inapplicable absent reasonable belief of smuggling. Gold purity below international standards and retracted statements without independent evidence insufficient for confiscation. Investigation failed to counter appellant's inheritance claim, making penalty unimposable. Case-Laws Customs Mon, 29 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751966