TaxTMI 
TaxTMI 
1997 (8) TMI 232
X X X X Extracts X X X X
X X X X Extracts X X X X
....g. under Section 111(d) of the Customs Act, 1962. He, however, had allowed redemption of the said goods under Section 125 of the Customs Act, 1962 on payment of Rs. 5 lakh. Further, personal penalties under Section 112 were also imposed on all the present appellants in the following order :-  (i) Shri Ram Kumar Agarwal - Rs. 50,000/- (ii) Shri Ashwani Poonam Chand Gandhi - Rs. 50,000/- (iii) Shri Anil Kumar Agarwal - Rs. 25,000/- (iv) Shri Suresh Jain - Rs. 25,000/- (v) Shri Bajrang Lal Agarwal - Rs. 25,000/- 2. The brief facts relating to the case are that on 25-10-1993 the Madhya Pradesh Police, Raipur seized two ingots of silver of foreign origin and 136 `Chorsas' made out ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... discharge the onus of showing that the goods were lawfully acquired and against Shri Suresh Kumar Jain, Proprietor of Jyoti Refinery and Chemicals from where the silver was seized for abetting in the act of dealing in the illicit contraband goods, Shri Anil Kumar Agarwal for transporting the goods in the Maruti Car and against Shri Bajrang Lal Agarwal for abetting in the act of dealing in illicitly acquired silver by allowing his Maruti Car in transporting the contraband silver, and against Shri Ashwani Poonam Chand Gandhi for being in league with Shri Ram Kumar Agarwal for acting as a courier of contraband silver in transporting the same to Bombay from Raipur and for handing it over to Shri Ram Kumar Agarwal. 5. Appearing before u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tificate issued by the Exchange Bureau of the State Bank of India at Bombay Airport showing payment of duty in foreign currency. He also drew attention to sale declaration signed by the incoming passengers in favour of Ashwani Poonam Chand Gandhi on Stamp paper which contained the details of the quantity of silver, name and passport number of the passenger, Baggage Receipt for the duty paid on silver and the State Bank of India DDR showing payment of duty in foreign currency. Ld. Counsel submitted that Shri Ram Kumar Agarwal had produced photocopies of Baggage Receipt issued by the Bombay Airport Customs containing full details of the legal acquisition of silver of foreign origin bought from three passengers on 26-10-1993 and 22-10-1993. He....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd markings had been reproduced. He contended that the assessee could not be blamed for the lapse of the Customs Authorities in not reproducing the correct markings in the relevant columns in the Baggage Receipt and for following inconsistent practices. As regards 136 chorasas also the ld. Counsel contended that the said chorasas were manufactured from other ingots bought by the appellant Shri Ram Kumar Agarwal from the passengers on the strength of the Baggage Receipts and other documents produced before the adjudicating officer. 6. Shri P.K. Jain, ld. SDR who appeared for the respondents Commissioner submitted that the explanation given on behalf of the appellants suffered from inconsistencies and the documents which had been reli....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... bullion merchant. In support of his contention that the silver was legally acquired the appellants had produced three sets of documents, the photocopies of which have been taken on file. He has claimed that he had bought 5 ingots of silver from passengers coming from abroad through a broker in Bombay by name Pooran Chand Gandhi between 20-10-1993 and 22-10-1993. Shri P.C. Gandhi had bought the said ingots from three passengers on the basis of sale declarations with identical proformas giving details of the name and address of the passenger, his passport number, the quantity of silver brought, Baggage Receipt number and receipt issued by the State Bank of India evidencing payment of duty in foreign currency. Counsel for the appellant had dr....