2016 (6) TMI 911

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....am Express. Shri. Nagendra Prabhu, interalia stated that he had collected FMG biscuits, gold pieces, gold ornaments and cash from their customers at Visakhapatnam and was carrying them back to Coimbatore, and that he was never given any bills /documents by their customers or by his employer Shri. V.Jayaraman, the appellant in Appeal No.30008 /2015. Show cause notice was issued proposing (i) confiscation of 15 out of 17 gold biscuits since customs duty was apparently not paid on those goods (ii) confiscation of cash amount of Rs. 95,25,000/ as the amount appeared to be sale proceeds of FMG biscuits on which customs duty has not been paid.(iii) confiscation of gold ornaments weighing 566.660gms, as they appeared to be made of FMG biscuits of ....

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....ms valued at Rs. 19,15,785/- and to release the return a sum of Rs. 95,25,000/- Indian Currency without imposing any fine and penalty holding that, the above Foreign Marked Gold Biscuits, Gold Ornaments, Gold Cut Pieces and Indian Currency seized are not liable for confiscation under Section 111 and Under section 121 of Customs Act, 1962. 4. The appellant submitted that they had informed the Customs authorities that all the jewellers had illicitly imported the gold which was supplied to the appellant for manufacturing as per designs and also for repair works. During the adjudication process they had furnished documents supporting their claim. However, the adjudicating authority has passed the impugned order without considering their submis....

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....they have not stated that have actually imported the said Gold Biscuits and sold to M/s SVBC." 7. On examination of records, we find that copies of letters from M/s SVBC GOLD to customers of the appellant, viz; M/s Vaishnavi Jewellers, M/s Kameswari, M/s Sri Santoshi Matha Jewellery Shop, M/s Sri Seetharama Jewellers, dated 19-02-2015/20-02-2015 have been produced by the appellant in reply to the show cause notice. Further, subsequent to the personal hearing the appellant submitted attested copies of letters from the original importers evidencing import of FMG gold by them. We also find on record a letter from M/s SVBC GOLD dated 05-09-2015 sent to the adjudicating authority after personal hearing. The letter is as below:   8. We fu....