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    <title>2026 (6) TMI 405 - CESTAT ALLAHABAD</title>
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    <description>Penalty under section 112(b) of the Customs Act cannot be sustained unless the department proves foreign origin and illicit importation of the goods, together with conscious knowledge and a nexus to the alleged smuggling. Here, gold and silver were recovered from a car in which the appellants were travelling, but the evidence did not conclusively establish that the gold was imported from Nepal or otherwise smuggled. The laboratory report showing 98.15% gold content did not support the foreign-origin allegation, and the record did not prove the appellants&#039; conscious involvement. The penalty was therefore set aside.</description>
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    <pubDate>Fri, 05 Jun 2026 00:00:00 +0530</pubDate>
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      <title>2026 (6) TMI 405 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=793024</link>
      <description>Penalty under section 112(b) of the Customs Act cannot be sustained unless the department proves foreign origin and illicit importation of the goods, together with conscious knowledge and a nexus to the alleged smuggling. Here, gold and silver were recovered from a car in which the appellants were travelling, but the evidence did not conclusively establish that the gold was imported from Nepal or otherwise smuggled. The laboratory report showing 98.15% gold content did not support the foreign-origin allegation, and the record did not prove the appellants&#039; conscious involvement. The penalty was therefore set aside.</description>
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      <pubDate>Fri, 05 Jun 2026 00:00:00 +0530</pubDate>
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