Unauthorised gold import restrictions classify goods as prohibited, attracting the enhanced customs penalty regime despite citation defects.
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....Gold imported outside Reserve Bank of India-authorised bulk-import channels or the passenger-import regime under the Baggage Rules is prohibited goods under the Customs Act, 1962. The definition extends to goods restricted under any law in force and is not limited to prohibitions expressly notified under the Customs Act. Consequently, penalties applicable to improper importation of prohibited goods apply. A penalty order is not jurisdictionally invalid merely because it cites an incorrect provision or does not specify the relevant clause, provided the adjudicating authority had substantive power and its reasoned order identifies the goods as prohibited.....
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