2007 (9) TMI 170

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....ed that when the entire evidence was scrutinized by the id Adjudicating Officer by order dated 17-6-2004 the quality and extent of evidence was well appreciated by him, that should not have been erroneously interpreted by the ld. Appellate Authority below. The hostile approach by the ld. Commissioner (Appeal) even stating that the plea of defence under Foreign Exchange Regulation Act having been l....

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....s, before the first Appellate Authority have not totally denied the charge. But it was well established that the money had come from his uncle from Nepal and that remains uncontroverted by any evidence brought to record. Therefore, source of money being disclosed by the Appellants it was left to the Department to bring cogent evidence to discard their plea but that was not done. The ld. JDR also s....

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....following three categorical findings at Page-6 of the order of adjudication :- (i) During the shop premises of notice no 3 on 12-6 2003 i.e. on the date of seizure itself nothing incriminating was recovered also no trace of any other gold buyer could be found through the accused or any other source. (ii) Also RBI has also informed that under the provisions of FEMA, 1999 there is no restricti....

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....ake the appellants charge free. But the ld. First Appellate Authority on extraneous consideration brought the appellant to charges without cogent evidence to establish that the source of currency in question was out of smuggled activity. Neither the source of money was examined nor the actual smuggler was examined when the ld. First Appellate Authority assumed so. When his jurisdiction was co-term....