TaxTMI 
TaxTMI 
2022 (1) TMI 466
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....orised Representative for the respondent ORDER The appellant, Shri Shakil Ahmed Khan, an artisan of gold jewellery, having his shop at Ghantaghar, Bahraich, was intercepted by the Customs Preventive Officers near Ramnagar Railway crossing, while travelling on 27.11.2013, by bus from Bahraich to Barabanki; he was found to be carrying 1.7 kg gold of foreign origin; on being questioned, he stated t....
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....ereafter, vide letter dated 15.11.2019, the Deputy Commissioner (Adjudication) informed the appellant, in order to redeem the seized gold, weighing in total 17.730 gm and valued at Rs. 53,23,285, he is required to (i) deposit redemption fine of Rs. 5 lakh (ii) deposit duty of Rs. 20,14,465. Revenue, vide its letter dated 22.09.2020, informed that the goods /gold is classified under chapter heading....
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....er, and the tariff rate for the same is 100%. Notification No. 26/2016, dated 31.03.2016, reduced the effective rate of duty to 35%; appellant calculated the custom duty payable at the effective rate of 12.5% plus 3% IGST levy, and calculated the duty payable at Rs. 9,13,635/-, on the value assessed by the Revenue of Rs. 53,23,285/-. 4. Learned Counsel appearing for the appellant further urges th....
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....e, and has taken the delivery of the gold; he prays for adjudication and for consequential relief, in the interest of justice. 5. Learned Authorised Representative appearing for the Revenue relied upon the calculation by the learned Commissioner. 6. Having considered the rival contentions, we are satisfied that it is a case of town seizure, and further there is no evidence of the appellant havin....