https://www.taxtmi.com/caselaws?id=773076 CESTAT Kolkata set aside confiscation of 6 kg gold and penalties imposed on appellants. The tribunal found statements recorded during investigation were retracted and inadmissible as evidence without proper examination under Section 138(B) of Customs Act, 1962. Since gold had 99.6% purity with no foreign origin marking and wasn't recovered at port/airport/border, burden under Section 123 didn't shift to appellants. Appellants produced GST payment evidence supporting their claim. Revenue failed to prove gold was smuggled, making confiscation illegal. Appeal allowed. en-us Tue, 28 Jan 2025 00:00:00 +0530 Wed, 18 Jun 2025 09:04:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773076 CESTAT Kolkata set aside confiscation of 6 kg gold and penalties imposed on appellants. The tribunal found statements recorded during investigation were retracted and inadmissible as evidence without proper examination under Section 138(B) of Customs Act, 1962. Since gold had 99.6% purity with no foreign origin marking and wasn't recovered at port/airport/border, burden under Section 123 didn't shift to appellants. Appellants produced GST payment evidence supporting their claim. Revenue failed to prove gold was smuggled, making confiscation illegal. Appeal allowed. Case-Laws Customs Tue, 28 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773076