TaxTMI 
TaxTMI 
2026 (6) TMI 960
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....asked Shri Anil Kumar Yadav whether he was carrying any gold with him and on his affirmation, he was offered to be present for the purpose of search at DRI Office at 8 Ho Chi Minh Sarani, Kolkata-700071. 2.2 On personal search of Shri Anil Kumar Yadav, a white-green checked cloth belt was found tied around his waist, from which 04 (Four) pieces of rectangular shaped gold bars and 12 small cut pieces of gold, totally weighing 3651.3 grams, valued at Rs. 2,07,75,897/-, were recovered. 2.3 As Shri Anil Kumar Yadav could not produce any licit documents in support of possessing, carrying, transporting or dealing with the said gold, the same were seized on reasonable belief that the said gold is of foreign origin and smuggled one. Two mobile phones recovered from the possession of Shri Anil Kumar Yadav were also seized. 2.4 Shri Anil Kumar Yadav in his voluntary statements dated 09.08.2020 stated, inter alia, that as per instruction of Shri Akhil Maheshwari he had come to Kolkata by New Delhi-Howrah (02302) COVID-19 AC Special on 09.08.2020 to carry the gold. 2.5 Shri Anil Kumar Yadav also stated that a person known as Mr. Goldy handed over him the said gold and he came back ....
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....oner, CC(P), WB by way of absolute confiscation of the seized gold under the provision of Section 111(b) and 111(d) of the Customs Act, 1962 and imposition of penalty of Rs. 20 Lakh each on Shri Anil Kumar Yadav, Shri Akhil Maheshwari& Shri Nikhil Maheshwari. 2.12 Being aggrieved the said Order-in-Original, the appellant filed appeal before the Commissioner of Customs (Appeals) and Commissioner of Customs (Appeals) vide order dated 31.10.2025 rejected their appeal. 2.13 Being aggrieved with the said Order-in-Appeal dated 31.10.2025, the appellants are before us. 3. The ld. Counsel for the appellants submits that purity of seized gold bars as per CRCL test report is 99.6%, whereas, the tax invoices produced by the appellants, the purity of the gold bar is mentioned as 99.5%. The same cannot, by itself, be treated as a valid ground to reject the claim of lawful procurement. He further submits that the appellants have duly complied with the burden of proof by furnishing the documentary evidence including tax invoices and job work challans which corroborates the lawful procurement and movement of the gold. In support of his contention, he relies on the following case laws : ....
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....by the appellants are required to be considered by the adjudicating authority. The appellants have been able to discharge their onus under Section 123 of the Customs Act, 1962. 11. Moreover, we find that the gold in question is not having any foreign origin marking on the gold and it is the case of town seizure. Moreover, the purity of gold 99.6% and the documents for procuring the said gold have been produced by the appellants and the same has been brought on record. 12. In that circumstances, the gold in question is not liable for confiscation. 13. We further take note of the fact that on the production of the documents by the appellants for procuring the gold on payment of GST and the same has been recorded in the Books of Accounts. In that circumstances, it cannot be said that the gold in question is of foreign origin being smuggled one. 14. Therefore, the gold cannot be confiscated. Consequently, no penalties can be imposed on the appellant. 15. In view of this, we direct the authorities below to release of gold in question to the appellant as the appellants have discharged their onus under Section 123 of the Customs Act, 1962. Customs Appeal Nos.75149-75151 of ....
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.... GURU JEWELS PVT. LTD. DELHI Purchase 20,44,198.00 27-7-2020 SRI GURU JEWELS PVT.LTD. DELHI Purchase 15,59,083.00 29-7-2020 SRI GURNI JEWELS PVT. LTD. DELHI Purchase 27,87,230.00 30-7-2020 SRI GURU JEWELS PVT. LTD. DELHI Purchase 8,06,786,00 31-7-2020 SRI GURU JEWIELS PVT. LTD. DELHI Purchase 5,46,100,00 3-8-2020 K. L & SONS JEWELLERS Purchase 63,26,729.00 3-8-2020 Baburam Jewellers Pvt Ltd Purchase 69,49,699.00 4-8-2020 SRI GURU JEWIELS PYT. LTD. DELHI Purchase 38,79,450,00 5-8-2020 SRI GURU JEWELS PVT. LTD. DELKI Purchase 69,60,570.00 6-8-2020 SRI GURLI JEWELS PVT. LTD. DELHI Purchase 73,84,915.00 7-8-2020 SRI GURU JEWELS PVT. LTD. DELHI Purchase 13,95,396.00 Total: 11,98,75,821.00 POOJA JEWELLERS MEERUT - Document 2 37 TÃXIINVOICE (ORIGINAL FOR REONIENT) SRI GURU JEWELS PVT. LTD, EHDP No,300 god, 3rd FLOOR,TILING PART OF PROPERTY N3.1130, KUCH MAHAJANL CHANDRI CHOVACIDED (-19bo08. GSTINTIN DTAARCS4769C12X State Name : Danl'Casa Yor CIN: U500toDtcotarYC534530 EM:[email protected] Come-ance" PODJA JEWELLERS (MEERUT) SHOP NO. 3 4, PANNA BHAWAN, SARAFFA BAZAR, MEERUT, PAN No BZOPM0808G GSTI JUIN :09BZOPM0865G12V ....
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.... (B) ITC Reversed 0.00 0.00 0.00 0.00 (C) Net ITC Available (A) - (B) 120821.37 0.00 0.00 0.00 (D) Ineligible ITC 0.00 0.00 0.00 0.00 20 45 5. Exempt, nil and Non GST inward supplies From a supplier under composition scheme, Exempt and Nit rated supply Non-GST supply Inter-state supplies Intra-state supplies 0.00 0.00 0.00 0.00 5.1 Interest and Late fee Details Interest Late fee Integrated Tax Central Tax State/UT Tax Cess 0.00 0.00 0.00 a:po 0.00 0.00 140 6.1 Payment of tax Description Total tax payable Tax paid through ITC Tax/Cess paid in cash Interest paid in cash Late fee paid in cash Integrated Tax Central Tax State/UT Tax Cess (A) Other than reverse charge Integrated Tax 0.00 0.00 0.00 0.00 0.00 0.00 Central Tax 0 0.00 0.00 0,00 0.00 0.00 State/UT Tax 0.00 0.00 0.00 0,00 0.00 0.00 Cess 0.00 0.00 0.00 0.00 (B) Reverse charge Integrated Tax 0.00 0.00 Central Tax 0.00 0.00 State/UT Tax 0,00 10.00 Cess 0.00 0.00 6.2. TDS/TCS Credit Details Integrated Tax Central Tax State/UT Tax TDS 0 0 0 TCS 0 0 0 Document 4 178) 8 LEJIFP-P POOJA JEWELLERS Address: Shop No.3 & 4 Panna Bhaw....