Case Law Details
Suresh Chand Garg Vs Principal Commissioner of Central Goods and Service Tax (CESTAT Delhi)
CESTAT Delhi held that the gold in question is not proved to be the smuggled gold of foreign origin. Mere purity thereof being equivalent to the purity of foreign gold is wrongly held to be the criteria to hold the melted gold as the gold of foreign origin. Hence, investigation is observed to be faulty.
Facts- Based on specific intelligence, one Innova car bearing registration no. RJ19FA 0369 was intercepted by the Officers of the DRI and CGST. 5514.8 grams of smuggled gold was recovered along with some slips issued for testing of gold by M/s. New Satyam Tounch Centre, Jaipur. During the search, a gold bar weighing about 999.940 grams was recovered from the appellant who was found present at the said premises during the search proceedings.
On being enquired, it was informed that the said gold as has been obtained from melting the entire jewellery which belongs to his family and the families of two other brothers. However, on account of reasonable belief that the gold bar found in possession of Shri Suresh Chand Garg might have been the smuggled one, the officers detained the gold bar under Panchnama.
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