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    <title>2026 (7) TMI 182 - CESTAT KOLKATA</title>
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    <description>Section 123 of the Customs Act could not be invoked because the seizure was not supported by a demonstrable reasonable belief that the gold was smuggled; the bars had no foreign markings, the record lacked contemporaneous objective material, and the appellants&#039; commercial records and melting invoices were not displaced by independent evidence. Statements recorded during investigation were also insufficient because they were not shown to satisfy Section 138B requirements and were not corroborated by forensic, handwriting, expert or other admissible material to prove forged documents or smuggling. Confiscation and penalties under Sections 112 and 114AA were therefore unsustainable and were set aside.</description>
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    <pubDate>Thu, 02 Jul 2026 00:00:00 +0530</pubDate>
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      <title>2026 (7) TMI 182 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=794296</link>
      <description>Section 123 of the Customs Act could not be invoked because the seizure was not supported by a demonstrable reasonable belief that the gold was smuggled; the bars had no foreign markings, the record lacked contemporaneous objective material, and the appellants&#039; commercial records and melting invoices were not displaced by independent evidence. Statements recorded during investigation were also insufficient because they were not shown to satisfy Section 138B requirements and were not corroborated by forensic, handwriting, expert or other admissible material to prove forged documents or smuggling. Confiscation and penalties under Sections 112 and 114AA were therefore unsustainable and were set aside.</description>
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      <pubDate>Thu, 02 Jul 2026 00:00:00 +0530</pubDate>
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