TaxTMI 
TaxTMI 
2005 (10) TMI 472
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....Indian currency amounting to Rs. l,23,820/- was recovered. The adjudicating authority confiscated the gold and Indian currency on the ground that gold is smuggled in nature and recovered currency is the sale proceed of smuggled gold. 3. The appellant in the present appeal is not contesting the confiscation of two pieces of gold which were having marking showing that these are of foreign origin. The challenge is in respect of two pieces of gold which was wrapped in the newspaper and confiscation of the Indian currency. The contention of the appellant is that the gold is not of foreign origin and appellant is doing the business of jewellery. As this gold is having no foreign marking the onus is on the Revenue to show that this gold was ....
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....India and the appellant admitted that the remaining two gold pieces were of foreign origin gold which was melted. In respect of the Indian currency, the contention of the Revenue is that the appellant in his statement admitted that this sale proceed of smuggled gold, therefore, now the appellant cannot say that this currency is sale proceed of other goods. 5. In this case the appellant is only challenging confiscation of two gold pieces which are not having any foreign marking and the confiscation of Indian currency. The appellants are claiming the gold pieces only on the ground that it is not having any foreign marking. The appellants are not producing any evidence regarding the lawful possession of the gold. On the contrary, the app....