https://www.taxtmi.com/caselaws?id=763835 CESTAT Kolkata allowed the appeal challenging seizure and confiscation of gold by customs officials. The tribunal held that the seizing officer failed to establish reasonable belief as required under Section 123 of Customs Act, 1962, violating Circular 1/2017 which mandates reasonable belief documentation in both seizure list and panchnama. The appellant successfully discharged burden of proof by producing documents showing legitimate procurement. The tribunal found no evidence of smuggling under Section 138(B) and ruled that gold being importable subject to conditions cannot be confiscated under Section 111(d). The absence of reasonable belief vitiated the entire seizure proceedings, making subsequent confiscation orders legally unsustainable. en-us Wed, 11 Dec 2024 00:00:00 +0530 Mon, 30 Dec 2024 08:39:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763835 CESTAT Kolkata allowed the appeal challenging seizure and confiscation of gold by customs officials. The tribunal held that the seizing officer failed to establish reasonable belief as required under Section 123 of Customs Act, 1962, violating Circular 1/2017 which mandates reasonable belief documentation in both seizure list and panchnama. The appellant successfully discharged burden of proof by producing documents showing legitimate procurement. The tribunal found no evidence of smuggling under Section 138(B) and ruled that gold being importable subject to conditions cannot be confiscated under Section 111(d). The absence of reasonable belief vitiated the entire seizure proceedings, making subsequent confiscation orders legally unsustainable. Case-Laws Customs Wed, 11 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763835