https://www.taxtmi.com/caselaws?id=755718 CESTAT Kolkata set aside the confiscation of gold and penalty imposed on appellant. Gold seized from appellant's brother's office premises had no foreign marking and showed 99.5-99.6% purity. In town seizure cases without foreign markings, customs officers must establish reasonable belief of foreign origin before invoking Section 123 of Customs Act, 1962. Since no evidence proved gold was of foreign origin or smuggled, confiscation under Section 111 was unjustified. Suspicion cannot substitute evidence. Appeal allowed. en-us Mon, 15 Jul 2024 00:00:00 +0530 Wed, 17 Jul 2024 12:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755718 CESTAT Kolkata set aside the confiscation of gold and penalty imposed on appellant. Gold seized from appellant's brother's office premises had no foreign marking and showed 99.5-99.6% purity. In town seizure cases without foreign markings, customs officers must establish reasonable belief of foreign origin before invoking Section 123 of Customs Act, 1962. Since no evidence proved gold was of foreign origin or smuggled, confiscation under Section 111 was unjustified. Suspicion cannot substitute evidence. Appeal allowed. Case-Laws Customs Mon, 15 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755718