2019 (8) TMI 1639

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.... 2. The case in brief is that Customs Officer from P&I Branch, CC(P), WB, Kolkata conducted search of the melting owned by Shri Ajit Bhosle @ Papu Bhai, in presence of his staff Shri Sagar Manik Bhosle. On search 3 (Three) cut pieces of gold was recovered from the locker of the premises. At the said premises another person named Shri Brahmadeo Mane, who was also present during the search, was found to possess 4 (Four) cut pieces of gold in his hand pocket. Both the persons were taken to Customs House, Kolkata with the recovered gold and where seizure of recovered gold was made. The gold so seized weighed total of 2392.400 grams valued at Rs. 59,81,000/- (Rupees Fifty Nine Lakh Eighty One Thousand). Shri Sagar Manik Bhosle, stated befo....

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....ity varying between 98.7 to 99.9%. 4. Show cause notice was issued to all the four persons proposing confiscation of the seized gold under Section 111(b) & 111(d) of the Customs Act and imposition of penalty under Section 112(b) and Section 114AA of the Customs Act, 1962. In reply to the said show cause notice, the appellants submitted inter alia that the seized gold are of Indian origin as it does not have any foreign inscription thereon. They have lawfully acquired the same. 5. Learned Commissioner of Customs, adjudicating the case found inter alia that the purchased bills retrieved from their premises on examination, was found to be genuine. He did not rely on the voluntary statement recorded during the investigation and ....