TaxTMI 
TaxTMI 
2026 (3) TMI 449
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.... Customs (Prev.), West Bengal, Kolkata. Vide the impugned order the Ld. Commissioner directed absolute confiscation of 90 pieces of seized gold biscuits of foreign origin having total weight of 10,494 gms. valued at Rs.2,77,72,371/-(Rupees Two Crore Seven Lakh Seventy-Two Thousand Three Hundred and Seventy-One only) under section 111(b) and 111(d) of the Customs Act, 1962 and for which the appellants were not in possession of any document to establish their licit import. The Ld. Commissioner further ordered imposition of a penalty of Rs.30.00 lakh on appellant Shri Vishal Kumar Trivedi and Rs.20.00 lakh on Shri Kundan Kumar Vyas respectively under 112(b) of the Customs Act, 1962. 2. The appellants herein are aggrieved by the imposition o....
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....ried out further investigations following the lead pertaining to Mobile No.8807272019 said to be of Shri Rajesh Bhai obtained from the two appellants herein. Investigations revealed that the said number was registered in the name of one Shri Palani of Coimbatore, though the Aadhar Card and other KYC documents were actually found to be in the name of one Shri Ashok Ghosh of Shanmugam Road, Coimbatore, which got cancelled in 2012. The records do not indicate any further enquiry/verification/investigation into the matter with respect to Shri Rajesh Bhai or their accomplices with regard to the source of procurement of gold. We also note that apart from the initial voluntary statement recorded by the authorities from the two appellants on 01.10.....
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....re unknown. He lays stress that it is more so, as the two accused have admitted to have been well acquainted with him (Shri Rajesh Bhai) and it was only at his behest that the two accused were said to come over to Kolkata to carry out illicit trading of foreign marked bullion gold. Despite having said to have met Rajesh Bhai at Nellore, the appellants were not able to furnish any existential details of the said person. 7. It is further added by Revenue that the facts that Shri Rajesh Bhai's whereabouts could not be ascertained and the said Mobile No. 8807272019 said to be of Shir Rajesh Bhai was not so registered and was registered in the name of Palani of Coimbatore despite KYC documents being in some other person's name, are a clear po....
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.... about the contents of the packages, is very logical and sound. The goods being offending in nature were hence liable for confiscation under the provisions of the Customs Act. 9. Section 112(b) of the Customs Act warrants imposition of penalty on a person - "(b) who acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111,.........." 10. The reason to believe is therefore an essential ingredient for imposition of penalty under section 112(b) of the statute. In view of the large gaps in the narration so built around....