2017 (9) TMI 596

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....he basis of Intelligence Report on 02.01.2013, a search and seizure operation was conducted at the business premises of the appellant, from where the cash currency was recovered and seized. 3. It is the allegation of the Department that another Company known as M/s Kalpena Industries Ltd. had imported plastic granules without paying proper duty, but sold the same in the open market at a higher price with the help of the assessee-company and it is the sale consideration of plastic granules. About the cash seized, the Department has also reported the matter to the Enforcement Directorate (E.D.) also to the Income Tax Department. By the impugned order, the Indian Currency has been seized. Later, the same was deposited in the Bank by the Dep....

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.... fully explained, so there is no justification to seize the cash. No other incriminating document was found during the search of operation. Lastly, she made a request to set aside the impugned order and to release the amount along with interest. 8. On the other hand, Shri S.K.Naskar, ld.D.R. for the Department, assisted by Shri Ranjan Sen, Sr.Intelligence Officer, supported the impugned order. They submit that during search operation, Indian genuine currency was seized. No imported currency or valuable material was recovered during the search of operation. Shri S.K.Naskar, ld.D.R. for the Department, admits that the matter is also under consideration before the Enforcement of Directorate as well as Income Tax Department. It is the submis....

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....hat before holding that the seized currency indeed represents the sale proceeds of smuggled goods, the following conditions are to be satisfied : "Para 6 : (i) there must be a sale. (ii) the sale must be of smuggled goods. (iii) the sale must be by a person having knowledge or reason to believe that the goods were of smuggled origin. (iv) the seller and purchaser and quantity of gold must be established by the Customs authorities. In the case of appellant, none of the above requisites stand fulfilled. No sale has been established, the identity of the buyer and the seller have not been established, and thus as a consequence the currency cannot be considered to represent the sale proceeds of smuggled goods. The statutory req....