https://www.taxtmi.com/caselaws?id=465073 CESTAT Kolkata allowed the appeals, setting aside absolute confiscation of 3152.900 gms of seized gold and penalties under s.112(a)/(b) of the Customs Act, 1962. It held that DRI lacked "reason to believe" the gold was of foreign origin or smuggled, as there were no foreign markings, no seizure from a customs area, and no positive evidence of import or smuggling from Bangladesh. The Tribunal ruled s.123 was inapplicable and the burden of proof did not shift to the appellants, whose documentary evidence of domestic procurement remained uncontroverted. Consequently, ss.111(b) and 111(d) were held inapplicable, and penalties invalid for absence of mens rea and unspecified contravention. en-us Mon, 24 Feb 2025 00:00:00 +0530 Thu, 04 Dec 2025 19:01:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465073 CESTAT Kolkata allowed the appeals, setting aside absolute confiscation of 3152.900 gms of seized gold and penalties under s.112(a)/(b) of the Customs Act, 1962. It held that DRI lacked "reason to believe" the gold was of foreign origin or smuggled, as there were no foreign markings, no seizure from a customs area, and no positive evidence of import or smuggling from Bangladesh. The Tribunal ruled s.123 was inapplicable and the burden of proof did not shift to the appellants, whose documentary evidence of domestic procurement remained uncontroverted. Consequently, ss.111(b) and 111(d) were held inapplicable, and penalties invalid for absence of mens rea and unspecified contravention. Case-Laws Customs Mon, 24 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465073