https://www.taxtmi.com/caselaws?id=764982 CESTAT Kolkata-AT allowed appeal against absolute confiscation of gold and penalty under Section 112(b) of Customs Act, 1962. Officers seized gold believing it was contraband smuggled from Bangladesh, but failed to establish reasonable belief required under Section 123. No evidence proved foreign origin or smuggling. Appellant produced documents showing legal domestic procurement through jewellers who acquired gold from HDFC Bank with proper markings. Court held burden of proof remained with department to prove smuggling, which they failed to discharge. Confiscation and penalties set aside as unsustainable. en-us Wed, 22 Jan 2025 00:00:00 +0530 Thu, 23 Jan 2025 08:39:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764982 CESTAT Kolkata-AT allowed appeal against absolute confiscation of gold and penalty under Section 112(b) of Customs Act, 1962. Officers seized gold believing it was contraband smuggled from Bangladesh, but failed to establish reasonable belief required under Section 123. No evidence proved foreign origin or smuggling. Appellant produced documents showing legal domestic procurement through jewellers who acquired gold from HDFC Bank with proper markings. Court held burden of proof remained with department to prove smuggling, which they failed to discharge. Confiscation and penalties set aside as unsustainable. Case-Laws Customs Wed, 22 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764982