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CESTAT held that Gold, Silver cannot be confiscated if purchase bill furnished by the person.
Customs, Excise and Service Tax Tribunal, Kolkata
Final Order No. 75396-75397/2020, date of decision : 02.09.2020
Shri Ratan Kumar Shah and Md. Minatullah Ansari
Verses
Commissioner of Customs, Patna
During search of jewellery shop by the Customs officers on 04.08.2015, the Customs Officers seized 857.450 gm Gold, 4.182 kg Silver under the impression of smuggled one. Later issued SCN which upon adjudication culminated into confiscation of Gold & Silver with option of redemption fine and imposed penalty of Rs.4 lakh and demanded Customs duties. Being aggrieved, the jewellers filed appeal before the Commissioner (Appeals), who upheld the OIO and again on appeal before the CESTAT, Kolkata, the Tribunal set aside the OIO & OIA & upheld that Gold & Silver cannot be confiscated if purchase bill is furnished by the party.
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