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Dated: 27.12.23

CESTAT Order on Confiscation of Gold under Section 112(b) of the Customs Act, 1962

The CESTAT Delhi Principal bench has passed an order in the matter of Shri Shankar Lal Goyal Prop. of M/s. Rahul Jewels Vs Commissioner of Customs, Respondent New Customs House, New Delhi in Customs Appeal No.50070 of 2020 as per below-

1. gold seized (foreign origin) would fall under the definition of ‘Prohibited goods’ as per Section 2(33) of the act.
2. gold being dutiable goods can only be imported on payment of customs duty under the Act.
3. as per the admission of the appellant himself, the transaction in the present case has to be treated as smuggling as defined in Section 2(39) of the Act.
4. the gold seized is liable for confiscation under Section 111(d) of the Act.
5. the adjudicating authority rightly did not invoke Section 110 A read with Section 125 of the Act and ordered for absolute confiscation.
6. the appellant is liable to penalty under Section 112(b) of the Act.

Download the CESTAT Order:

CESTAT Order New Delhi

Source: CESTAT, New Delhi

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