https://www.taxtmi.com/caselaws?id=756510 CESTAT Hyderabad allowed the appeal against confiscation of gold bars allegedly of foreign origin. The tribunal held that Section 123 presumption could not be invoked as customs officers lacked reasonable belief at seizure time that gold was smuggled, given proper documentation including job work invoices and GST purchase invoices. Without Section 123, the department failed to conclusively prove the gold was smuggled and re-melted with false markings. The tribunal found the adjudication based on presumptions rather than evidence. Since appellants disclosed legitimate purchase sources and department couldn't establish smuggling, absolute confiscation was legally untenable. The Commissioner (Appeals) order was set aside and penalties were also not imposable. en-us Wed, 31 Jul 2024 00:00:00 +0530 Mon, 05 Aug 2024 07:05:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756510 CESTAT Hyderabad allowed the appeal against confiscation of gold bars allegedly of foreign origin. The tribunal held that Section 123 presumption could not be invoked as customs officers lacked reasonable belief at seizure time that gold was smuggled, given proper documentation including job work invoices and GST purchase invoices. Without Section 123, the department failed to conclusively prove the gold was smuggled and re-melted with false markings. The tribunal found the adjudication based on presumptions rather than evidence. Since appellants disclosed legitimate purchase sources and department couldn't establish smuggling, absolute confiscation was legally untenable. The Commissioner (Appeals) order was set aside and penalties were also not imposable. Case-Laws Customs Wed, 31 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756510