2025 (12) TMI 570

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....been filed by M/s. Khandelwal Chain Co. [the appellants] to assail that part of the order dated 25.06.2024 passed by the Commissioner of Customs (Preventive) [the Commissioner] that absolutely confiscates 19 gold coins/bars having foreign marking collectively weighing 450.25 gms and having value of Rs. 22,51,178/-. The order also imposes a penalty of Rs. 5,00,000/- on the appellant under section 112(b)(i) of the Customs Act 1962 [the Customs Act]. 2. Customs Appeal No. 50042 of 2025 has been filed by Sunil Khandelwal, partner in the appellant firm, to challenge that portion of the order dated 25.06.2024 passed by the Commissioner that imposes a penalty of Rs. 1,00,000/- upon him under section 112(b)(i) of the Customs Act. 3. Customs A....

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....n of Ms. Mrinalini Sharma, learned counsel for the appellant is that the said coins, which are more than 15-20 years old, were used for worshipping and, therefore, they could not have been absolutely confiscated nor penalty could have been imposed upon the appellant or its partners Sunil Khandelwal and Sanjay Khandelwal. 10. The finding recorded by the Commissioner regarding the 19 gold coins/bars is: "152.10 I find that 19 gold coins / bars having foreign marking were seized from shop premise of M/s Khandelwal Chains Co. which is not a designated customs port. The said 19 gold coins / bars with foreign markings are illegally imported/ smuggled and the actual port of importation in the instant case is not known. Hence, I find th....