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    <title>2026 (5) TMI 1039 - CESTAT CHENNAI</title>
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    <description>Misdeclaration of exported goods as 22 carat gold jewellery, when scientific testing showed gold-coated copper/brass articles with minimal gold content, justified confiscation on a preponderance of probability. Diversion of duty-free gold under a conditional exemption was also established because the procured quantity exceeded the gold found in export goods and no credible reconciliation or job-work records were produced, so confiscation under the customs law was upheld. The duty demand against the nominated bank was not sustainable after payment of statutory dues and in the absence of collusion or wilful suppression. Penalties were sustained only where conscious facilitation or knowing use of false documents was shown, and redemption fine was not leviable against the bank because it had no custody of the goods and the goods were not available for redemption.</description>
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    <pubDate>Fri, 08 May 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=791837</link>
      <description>Misdeclaration of exported goods as 22 carat gold jewellery, when scientific testing showed gold-coated copper/brass articles with minimal gold content, justified confiscation on a preponderance of probability. Diversion of duty-free gold under a conditional exemption was also established because the procured quantity exceeded the gold found in export goods and no credible reconciliation or job-work records were produced, so confiscation under the customs law was upheld. The duty demand against the nominated bank was not sustainable after payment of statutory dues and in the absence of collusion or wilful suppression. Penalties were sustained only where conscious facilitation or knowing use of false documents was shown, and redemption fine was not leviable against the bank because it had no custody of the goods and the goods were not available for redemption.</description>
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