Rayapudi Rajasekhar Vs Commissioner of Central Tax Vijayawada (CESTAT Hyderabad)
The case of Rayapudi Rajasekhar Vs Commissioner of Central Tax Vijayawada revolves around the alleged smuggling of gold and the subsequent legal battle over the confiscation of the gold by customs authorities. The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) in Hyderabad recently set aside the confiscation order, providing a significant precedent in cases involving the seizure of gold and the application of Section 123 of the Customs Act.
Background of the Case
The appellants, including Rayapudi Rajasekhar, faced penalties and the confiscation of gold totaling approximately 1129 grams, valued at over ₹56 lakhs. The incident began when two of Rajasekhar’s employees, N. Pavan Kumar and V. Venkata Rama Krishna, were intercepted by the Directorate of Revenue Intelligence (DRI) officers while traveling by bus in Ongole. They were found carrying gold without proper documentation, leading to their detention and the seizure of the gold.
Events Leading to Confiscation
On December 2, 2020, the employees were caught carrying gold bars and pieces without any purchase bills. During interrogation, they revealed that they had purchased the gold in Chennai with cash as per Rajasekhar’s instructions. The gold was allegedly smuggled and remelted to disguise its origin. This admission formed the basis for the confiscation order under Section 112(a) and (b) of the Customs Act, which penalizes the improper importation of goods.
