2005 (6) TMI 464

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....pondent. [Order per : P.S. Bajaj, Member (J)]. - These appeals have been directed against the common impugned order-in-appeal vide which the Commissioner (Appeals) has confirmed the confiscation of the seized gold bars and pieces and also the imposition of penalties on the appellants as detailed therein. 2. I have heard both the sides and gone through the records. 3. On Panka....

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....abad of which Pankaj Kumar, appellant, at that time, was proprietor and the manager was Vinod Kumar. 4. From the record, it is also evident that the seizure of the gold bars, was initially made by the Income-tax authorities by carrying out the survey of the premises of M/s. Vardhaman Abhushan, Udaipur on 12-1-1999. But Pankaj Kumar, appellant, produced a fax copy of the bill no. 711, dated....

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....0 gold bars of foreign origin, which were delivered to him by Mukesh Kumar for preparing the ornaments. But Mukesh Kumar, himself in his statements, one recorded on 22-2-1999 and another on 23-2-1999, admitted of having delivered 10 gold bars to Jayanti Lal, for preparation of ornaments. It is only in the third statement recorded on 24-9-1999, he allegedly denied this fact, but that statement was ....