TaxTMI 
TaxTMI 
2024 (10) TMI 1843
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....aji Reddy & Shri Subhash Chandra Bose, Authorised Representatives for the Respondent. ORDER [PER: A.K. JYOTISHI] Shri Manik Chand Soni (hereinafter referred to as appellant) is in appeal against the Order-in-Appeal dated 29.11.2023 (impugned order) whereby the Commissioner (Appeals) has confirmed the Order against the appellant and others passed by the Original Adjudicating Authority vide....
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....lty. On adjudication, Additional Commissioner (Original Authority) has, inter alia, confiscated absolutely 100 gms of foreign origin gold valued at Rs. 5,07,200/- belonging to the appellant and also imposed penalty of Rs. 1,01,000/-. 3. The Learned Advocate for the appellant has mainly contested that the Department was furnished with all the necessary evidence and documents including the invoic....
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....mentary evidence. He has not given any detail as to how he has arrived at that conclusion and what evidence he has analysed, especially when in his submission dated 28.06.2021, the appellant have explained the source of purchase at para 6. Even, in the show cause notice at para 3.0(i), the appellant's source of purchase has been acknowledged. Therefore, from the Order of the Original Authority, it....
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....s also observed that in his statement dated 19.11.2020 recorded by Officers post seizure but before the issue of the show cause notice, the appellants have clearly said that they have been purchasing gold from these two suppliers. Therefore, in order to establish that the gold under seizure was of offending nature, it will be crucial to examine his claim in the facts of the case, as well as eviden....