TaxTMI 
TaxTMI 
2001 (9) TMI 838
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....search, three gold biscuits and one cut biscuit of gold of foreign origin along with Indian currency of Rs. 3,00,000/- were recovered from the shop premises. The search of the residential premises resulted in the recovery of 7 pcs. of gold biscuits of foreign origin. The appellant in his spot statement admitted that he was not having any legal documents for the possession of the said gold biscuits of foreign origin. As regards the Indian currency, he deposed that the same was sale proceeds of gold and silver ornaments. 1.2 At the time of search of the shop premises two other persons named, Shri Samir Jain and Shri Sambhu Singh Rajawat were also present. Personal search of the said two persons resulted in recovery of Indian currency of....
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....ch he ordered for confiscation of 10/½ pcs. of the seized gold totally valued at Rs. 5,11,700/-. He also confiscated the Indian currency of Rs. 3,00,000/- seized from the appellant and of Rs. 4,00,000/- seized from Shri Samir Jain. The personal penalty of Rs. 50,000/- has been imposed on the appellant along with imposition of personal penalty of Rs. 10,000/- on Shri Samir Jain. The Indian currency of Rs. 1,00,000/- seized from Shri Sambhu Singh Rajawat was released. It may be clarified here that Shri Jain has not filed any appeal against the above order. As such, the appeal of Shri Dattaji Deokar is being disposed of by this order. 2. I have heard Shri P.R. Biswas, ld. Consultant appearing for the appellant and Shri V.K. Chatur....
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....e shape of sale register of M/s. Visakha Bullion Corpn. on the ground that there is no invoice or receipt of the said biscuits. As such, in the absence of the same, sale register cannot be given any credence. He has further observed that whereas the gold biscuits recovered from the appellant's shop were of specific brand 'swisse', the same was not marked in the sale register, which only specified the gold as T.T. bar gold. 5. I find that no enquiries have been conducted by the Revenue from M/s. Visakha Bullion Corpn. Further, the adjudicating authority has not denied the payment for consideration of Rs. 2,94,000/- by the appellant in the shape of demand draft but has recorded that the payment made by this demand draft though might rep....
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....tion, the fact remains that the appellants have not placed on record any papers showing illegal importation of the gold biscuits in question. It is not the appellant's case that the gold biscuit handed over to him by Shri Samir Jain were acquired by him legally or the same were imported into the country, either by Shri Samir Jain himself or by any other person. Gold is still a notified items under Section 123 of the Customs Act and the burden of proving the legal acquisition is upon the person from whose possession the gold has been recovered. The appellants have not placed any evidence on record except to show that the biscuits have been handed over to him by Shri Samir Jain. As such, I hold that there being no evidence to show legal impor....