No confiscation of seized Gold under Customs Act based on invalid Letter Of Approval

Encee International NSEZ Vs Commissioner of Customs (CESTAT Allahabad)

Conclusion: Since the issue pertaining to invalid LOA and non-maintenance of record by assessee fell under the jurisdiction of the Development Commissioner, NSEZ/Special Officer and action might be taken against assessee under SEZ Act and SEZ Rules according to law, but invocation of Section 111(o) of the Customs Act absolutely confiscating the seized gold and imposing penalties on assessee under Section 112(a)&(b) and Section 114AA of the Customs Act was not tenable and was liable to be set

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