Manik Chand Soni Vs Commissioner of Central Tax (CESTAT Hyderabad)
CESTAT Hyderabad held that imposition of penalty on allegation of foreign origin gold set aside as department failed to examine the documents nor have given any specific findings on the defence of the assessee. Thus, order set aside and matter remanded back.
Facts- The case, in brief is that the Officers of customs intercepted certain consignment being transported by Courier Company at Domestic Air Cargo Complex, Hyderabad and, inter alia, found gold and gold jewellery belonging to different persons being transported by the Courier Company. Under reasonable belief that some of these gold and gold jewellers were of foreign origin and smuggled in nature, the said goods were seized. The Officers further examined the accompanied documents and also investigated the matter further.
On conclusion of investigation, show cause notice was issued to various persons, including the present appellant, in which proposal was made to confiscate 100 gms of gold bars of foreign origin belonging to appellant and also for imposition of penalty. On adjudication, Additional Commissioner (Original Authority) has, inter alia, confiscated absolutely 100 gms of foreign origin gold valued at Rs. 5,07,200/- belonging to the appellant and also imposed penalty of Rs. 1,01,000/-.
