2024 (4) TMI 698

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e that the Appellant No.(1), namely, Shri Ravindra Soni is the proprietor of M/s M.M. Jewels and is engaged in the business of gold and diamond jewellery having its office in Kolkata and having valid Trade License issued by Kolkata Municipal Corporation. The Appellant No.(2) is an employee of the Appellant No.(1). 2.1 Acting on the specific information recorded by DRI that the gold of foreign origin in biscuits form and bars form are being melted at the workshop of Shri Badal Das Khan situated at 88, Monohar Das Street, 2nd Floor, Kolkata-700007, the officers of the Divisional Preventive Unit, Barasat Customs Division, went the said place on 19.11.2013 at 4.30 pm and found that in one furnace melting of gold was in process and two persons,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat basis, the said premise was also searched and noting incriminating was found. It was also found that M/s M.M. Jewels sent the old gold jewelleries to M/s G.N.H. & R [P] Ltd., Kolkata, many times for refinery purposes and paid charges with service tax. 2.5 Initially, the gold was tested to local jewellery, who stated that the gold bars are 24 Carat Gold and as per CRCL report, the purity of gold is 99.96%/99.95%. Thereafter, the statement of Shri Ravindra Soni was also recorded, who stated that he has sent the old jewelleries for melting purposes at the workshop of Shri Badal Das Khan, where the gold has been seized. 2.6 On the basis of these facts, Shri Ravindra Soni, also sought provisional release of the gold, which was denied. 2.7....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... their onus that they are having reasons to believe that the gold in question is of smuggled in nature. Moreover, no marking was found on the gold in question. Therefore, it cannot be said that the gold in question was of foreign origin and smuggled one. As the Revenue has failed to discharge their onus to prove that the gold in question is of foreign origin, therefore, the Revenue has failed to give the reason to believe for seizure of the gold in question. In that circumstances, the gold in question cannot be held liable for confiscation. Consequently, the same is to be released to the appellants and no penalties are imposable on the appellants. 4. On the other hand, the ld. A.R. for the Revenue supported the impugned order. 5. Heard bo....