Gold Confiscation Order Quashed Due to Lack of Reasonable Belief in Smuggling Case

Prasanta Sarkar Vs Commissioner of Customs (Preventive) (CESTAT Kolkata)

Order for confiscation of gold was quashed as there was absence of recorded reasonable belief for Smuggling Case

Conclusion: Confiscation of gold and the imposition of penalties was quashed due to the absence of a recorded reasonable belief that the gold was smuggled as mere suspicion or the presence of foreign markings on gold did not establish illegal importation, especially when assessee had provided documents to support their claim of legitimate possession.

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