https://www.taxtmi.com/caselaws?id=768407 CESTAT Kolkata held that confiscation of seized gold bars and penalties under sections 112(b)(1) and 135 of Customs Act, 1962 were improper. The tribunal found that assay reports showed gold fineness ranging from 995.7 to 998.9, with no foreign markings identified, failing to establish reasonable belief of foreign origin. Revenue could not prove smuggled foreign gold, and appellant's ownership claim could not be rejected without proper evidence. The tribunal emphasized violation of natural justice principles due to denial of cross-examination of GRPF officers who initially seized goods. Appeal was disposed through remand, directing adjudicating authority to allow cross-examination and reconsider the matter based on detailed tribunal observations. en-us Fri, 04 Apr 2025 00:00:00 +0530 Mon, 07 Apr 2025 08:32:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768407 CESTAT Kolkata held that confiscation of seized gold bars and penalties under sections 112(b)(1) and 135 of Customs Act, 1962 were improper. The tribunal found that assay reports showed gold fineness ranging from 995.7 to 998.9, with no foreign markings identified, failing to establish reasonable belief of foreign origin. Revenue could not prove smuggled foreign gold, and appellant's ownership claim could not be rejected without proper evidence. The tribunal emphasized violation of natural justice principles due to denial of cross-examination of GRPF officers who initially seized goods. Appeal was disposed through remand, directing adjudicating authority to allow cross-examination and reconsider the matter based on detailed tribunal observations. Case-Laws Customs Fri, 04 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768407