2017 (9) TMI 1332

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....fine of along with other materials and also imposed penalty of Rs. 1,00 Lakh upon the appellant By the impugned order the Commissioner(Appeals) disposed the appeal with certain directions. Revenue filed this appeal against the impugned order for determination of the following points:- "A) Whether Commissioner of Customs (Appeals) was legally correct to pass an order for Denovo Adjudication by lower authority after verification with the records of M/s. Anand Silver Pvt. Ltd. for the gold bar which was already tempered and when it is not clear how verification will bring out the truth. B) Whether it is correct that in respect of & 3 of the Panchnama Commissioner of Customs (Appeals) while upholding confiscation was correct in imposing l....

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....ection 123 of the Customs Act, 1962 In that case the gold bar is liable to be released to the appellant." 4. The contention of the Id. A.R. is that the tampering of marks is the evidence of mala fide and therefore no further investigation is required. 5. I find that the Commissioner(Appeals) had given an opportunity to establish the truth on the basis of records, if available and thereafter the question of further investigation would arise, which cannot be treated as unreasonable. 6. Regarding, the release of the 13 cut pieces of gold, the Commissioner(Appeals), after reading the Panchnama, it is observed that there is no indication in the Panchnama that these goods have foreign markings. The Revenue had not disputed this fact. But....