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    <title>Gold smuggling penalties overturned due to lack of evidence. Statements without cross-examination not admissible. Burden of proof not met.</title>
    <link>https://www.taxtmi.com/highlights?id=78947</link>
    <description>The case involved penalties u/ss 112(a) and 112(b) of the Customs Act for smuggling foreign gold. The tribunal held that statements without cross-examination are inadmissible. The appellant no. 2 wasn&#039;t actively involved in smuggling, so penalties were unsustainable. Appellant no. 1&#039;s implication lacked evidence and violated section 138B. Both appellants didn&#039;t claim gold ownership, so burden of proof u/s 123 didn&#039;t apply. Penalties u/ss 112(a) and 112(b) were unsupportable. Thus, penalties on both appellants were set aside, and the appeal was allowed.</description>
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    <pubDate>Sat, 29 Jun 2024 08:08:52 +0530</pubDate>
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      <title>Gold smuggling penalties overturned due to lack of evidence. Statements without cross-examination not admissible. Burden of proof not met.</title>
      <link>https://www.taxtmi.com/highlights?id=78947</link>
      <description>The case involved penalties u/ss 112(a) and 112(b) of the Customs Act for smuggling foreign gold. The tribunal held that statements without cross-examination are inadmissible. The appellant no. 2 wasn&#039;t actively involved in smuggling, so penalties were unsustainable. Appellant no. 1&#039;s implication lacked evidence and violated section 138B. Both appellants didn&#039;t claim gold ownership, so burden of proof u/s 123 didn&#039;t apply. Penalties u/ss 112(a) and 112(b) were unsupportable. Thus, penalties on both appellants were set aside, and the appeal was allowed.</description>
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      <pubDate>Sat, 29 Jun 2024 08:08:52 +0530</pubDate>
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