https://www.taxtmi.com/caselaws?id=781899 CESTAT Kolkata allowed the appeals, holding that the department failed to prove that Indian currency of Rs. 85,17,250/- seized from the appellants constituted sale proceeds of smuggled gold. As no concrete evidence linked the currency to any identified smuggled gold, confiscation of the currency was set aside and its release ordered. Regarding seized gold, CESTAT held that section 123 of the Customs Act did not apply and the burden remained on the department to prove smuggled nature, which it failed to do. Confiscation of gold, including 953.100 grams shown to be legally procured by one appellant, was set aside. Consequently, penalties under section 112(b) were also quashed and the appeals were disposed of. en-us Tue, 24 Jun 2025 00:00:00 +0530 Sat, 22 Nov 2025 07:36:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=781899 CESTAT Kolkata allowed the appeals, holding that the department failed to prove that Indian currency of Rs. 85,17,250/- seized from the appellants constituted sale proceeds of smuggled gold. As no concrete evidence linked the currency to any identified smuggled gold, confiscation of the currency was set aside and its release ordered. Regarding seized gold, CESTAT held that section 123 of the Customs Act did not apply and the burden remained on the department to prove smuggled nature, which it failed to do. Confiscation of gold, including 953.100 grams shown to be legally procured by one appellant, was set aside. Consequently, penalties under section 112(b) were also quashed and the appeals were disposed of. Case-Laws Customs Tue, 24 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=781899