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    <title>2025 (6) TMI 1193 - CESTAT KOLKATA</title>
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    <description>Confiscation of seized gold, foreign currency, Indian currency and a vehicle was not justified where the Department failed to prove smuggled origin or illicit use by independent and corroborative evidence. The gold was found in a town area, bore no foreign marking, and the record did not establish smuggling; an affidavit and Wasiyatnama supporting inherited family jewellery converted into gold also pointed to lawful acquisition. Mere possession of foreign currency was insufficient to treat it as smuggled, the Indian currency was not shown to be sale proceeds of smuggled goods, and the vehicle was not proved to have been used for smuggling. Penalties therefore were not sustainable.</description>
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    <pubDate>Tue, 17 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 1193 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=773080</link>
      <description>Confiscation of seized gold, foreign currency, Indian currency and a vehicle was not justified where the Department failed to prove smuggled origin or illicit use by independent and corroborative evidence. The gold was found in a town area, bore no foreign marking, and the record did not establish smuggling; an affidavit and Wasiyatnama supporting inherited family jewellery converted into gold also pointed to lawful acquisition. Mere possession of foreign currency was insufficient to treat it as smuggled, the Indian currency was not shown to be sale proceeds of smuggled goods, and the vehicle was not proved to have been used for smuggling. Penalties therefore were not sustainable.</description>
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