1999 (1) TMI 196

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....iver of the condition of pre-deposit of these penalties for hearing of the main appeal as also stay of recovery of the same. 2. Shri M.H. Patil, learned Advocate appearing along with Shri S.G. Abaskazi, Advocate stated that the applicant was an Iranian businessman of repute. He and his wife had come together to India for business purpose. His wife who was accompanying him had brought currency amounting to US $1,00,000/- into Iran on 10-6-1997 and had taken out currency of US $ 55,000/- on departure on 21-4-1988 from Iran. In support of the statement he referred to the certificate given by the Iranian Embassy in Mumbai based on the information obtained by them from Iran Customs. Shri Patel submitted that this was the currency importe....

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....ay in the hotel the applicant and his wife had entertained no visitors at all. Arguing on the admission that he had brought gold clandestinely, the advocate stated that the receipt witnessing purchase of gold at Dubai airport was not in his name. He maintained that the gold dealer was situated outside the airport and the applicant's passport does not show that he had entered Dubai. He referred to certain record made by the applicant's wife on the body of the receipt in which she had claimed that the statement was recorded under torture. Referring to the impugned order, advocate submitted that the translation was certified to be correct by the Commissioner in his order. He stated that in view of the retraction made by his client and the inad....

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.... rival submissions and have seen the documents on record. 6. It is correct that the confessional statement of the applicant as also the corroborating statement was retracted at the earliest opportunity. In such a case, the retracted statement would require corroboration in material particulars. 7. The fact that from the applicants possession the receipt indicating purchase of 5 bars of gold was recovered has not been denied in the proceedings nor it is denied that the signature occurring in the column showing the name of the purchaser is that of the applicant. The applicant's wife's statement made on the face of the receipt merely states that she had not seen the receipt earlier. This entry cannot be taken to be a negation o....