https://www.taxtmi.com/caselaws?id=752781 CESTAT Allahabad dismissed the Department's appeal regarding seized foreign origin gold bars. The gold was initially seized by GRP and later handed over to Customs, but lacked foreign markings and was not seized in Customs area. Following SC precedent in Gian Chand case, the tribunal held that pre-requisite of seizure was not satisfied when possession shifted from police to Customs. The burden to establish smuggled nature remained with Revenue, which failed to prove the gold was smuggled despite absence of foreign markings. The Commissioner (Appeals) order was sustained, dismissing confiscation and penalty proceedings. en-us Tue, 27 Feb 2024 00:00:00 +0530 Sat, 18 May 2024 06:49:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752781 CESTAT Allahabad dismissed the Department's appeal regarding seized foreign origin gold bars. The gold was initially seized by GRP and later handed over to Customs, but lacked foreign markings and was not seized in Customs area. Following SC precedent in Gian Chand case, the tribunal held that pre-requisite of seizure was not satisfied when possession shifted from police to Customs. The burden to establish smuggled nature remained with Revenue, which failed to prove the gold was smuggled despite absence of foreign markings. The Commissioner (Appeals) order was sustained, dismissing confiscation and penalty proceedings. Case-Laws Customs Tue, 27 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752781