ALO Law Office- IDT Tax I Arbitration I Litigation
Date: 12.06.2025
CESTAT Kolkata- Customs Cannot Confiscate Lawfully Purchased Foreign Gold
In a significant relief to four appellants, CESTAT Kolkata has set aside the absolute confiscation of two gold bars of foreign origin and the accompanying penalties imposed by the Customs (Preventive) authorities. The judgment, delivered on June 11, 2025, underscores the importance of procedural compliance under the Customs Act, 1962 and validates the appellantsβ contention of lawful procurement.
Background of the Case
The case stemmed from a seizure in 2013 of two foreign-marked gold bars (Switzerland and Emirates markings) from two individuals, at Shiv Tala Street, Kolkata. The two were allegedly acting on instructions from their employer, Appellant, a local jeweller.
Following investigation and statements recorded under Section 108 of the Customs Act, Customs Authorities initiated proceedings for:
- Confiscation under Sections 111(b) and 111(d),
- Penalties under Section 112 for all four individuals,
- And penalties under Section 114AA on Appellants for allegedly using fabricated documents.
This Article has been written by Shri Ravi Shekhar Jha, Advocate Delhi High Court based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com or on his Mobile +91-9999005379.
Source: CESTAT Kolkata
Handy Download:
Write to us at office@aadrikaalaw.com
Tel: +91-11-4999 2707 I +91-9999005379
Leave a Reply