Case Law Details
Sunny Kakkar Vs Principal Commissioner of Customs (CESTAT Delhi)
CESTAT Delhi upholds the absolute confiscation of disputed gold as it was reasonably believed to be smuggled and appellant failed to discharge his burden to prove that the golds was not smuggled gold.
Facts-
Appellant filed this appeal to assail OIO passed by the Principal Commissioner of Customs (Preventive), New Delhi whereby he absolutely confiscated 8 gold bars of 1 kg. each of foreign origin valued at Rs. 1,84,16,505.68 u/s. 111(d) of the Customs Act 1962 which were seized from the possession of the appellant. He also confiscated absolutely an amount of Rs. 5,45,000/- seized from Shri Ahadees K. u/s. 121. He also confiscated the packaging materials of no commercial value in which the gold and the currency were concealed u/s. 118 read with Section 119. He also confiscated the Mercedes car bearing registration No. DL ICQ 7525 seized from the appellant u/s. 115(2) which was registered in the name of M/s PRK Diamonds Pvt. Ltd and allowed it redemption on payment of a fine of Rs.10,00,000/-. Penalty of Rs. 50,00,000/- was imposed on the appellant u/s. 112(b) (i) and a penalty of Rs.15,00,000/- on Shri Ahadees u/s. 112(a)(i).
Conclusion-
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
