https://www.taxtmi.com/caselaws?id=794297 Penalty under Section 112 of the Customs Act is sustainable where notified goods are recovered from premises under a person's possession, custody or control and no lawful source or documentary proof of possession is shown. The text explains that recovery of gold from a godown under the appellant's control shifted the burden to establish lawful import or acquisition, which was not discharged. Conscious involvement in keeping, harbouring or dealing with goods liable to confiscation was inferred from the surrounding circumstances. It also notes that penalty quantum may be reduced on mitigating factors, including absence of foreign markings on record and incomplete compliance with safeguards for statement evidence, while liability itself remains intact. en-us Thu, 02 Jul 2026 00:00:00 +0530 Fri, 03 Jul 2026 08:49:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=794297 Penalty under Section 112 of the Customs Act is sustainable where notified goods are recovered from premises under a person's possession, custody or control and no lawful source or documentary proof of possession is shown. The text explains that recovery of gold from a godown under the appellant's control shifted the burden to establish lawful import or acquisition, which was not discharged. Conscious involvement in keeping, harbouring or dealing with goods liable to confiscation was inferred from the surrounding circumstances. It also notes that penalty quantum may be reduced on mitigating factors, including absence of foreign markings on record and incomplete compliance with safeguards for statement evidence, while liability itself remains intact. Case-Laws Customs Thu, 02 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=794297