.... Estimates vary but it is expected that during the 80s on an average 250 Tons of gold was smuggled into India every year. Any smuggling is bad for the economic health of the country as it would defeat the very purpose behi...existed earlier in the Defence of India Rules also. Notifications were issued prohibiting entirely import of gold except by the Govt. Provisions such as Section 120 were incorporated in the Customs...it difficult for smugglers to defend themselves. In those days seizure of gold with foreign marking and of purity of 999 would generally suffice to establish the smuggled nature of the gold. Certa...

...which the offender knows or has reason to believe are liable to confiscation under Section 111. The offender owns or has in his possession, custody, or control any primary gold of not less than 9 carats in purity in unfinis...different from the ones required to be established for an offence under the Gold (Control) Act. In respect of the former, the prosecution has to establish that there was a prohibition against the import...the offender was in possession of primary gold meaning thereby gold of a purity of not less than 9 carats in any unfinished or semi-finished form. In regard to the latter offence it is not necessary to est...

...8(1) of the Foreign Exchange Regulation Act, 1947, import of gold into India had been forbidden except with the general or special permission of Reserve Bank of India, the appellant was prosecuted...Sitaram Agarwal case (1962) Cr LJ 43 and held that even a person like the appellant who might have no direct concern with the import of gold in any way was liable under Section 167 (81...it, was found in the big steel trunk. Inside the pouches, four gold bars with foreign marks and labels of Goa Customs authorities were found. Besides these, a large sum of money and three small cut...

...restrictions on the import of gold. Though on these conclusions the order of the Collector confiscating the gold was set aside, the learned Judges held that the respondent was not entitled to an order...the import of gold the commodity with which these appeals are concerned. It enacts: "8(1). The Central Government may, by notification in the official Gazette... 795 Jewellery or articles made wholly or. mainly of gold." These provisions have to be read in conjunction with the ...

...7108 13 00 (for gold in semi- manufactured form), the import is subject to RBI regulation, and nominated banks and nominated agencies, as notified by DGFT, are permitted to import gold. You are requested to justify...nominated agency/ bank/ status holder/ AD category-I bank to deal with the import of gold bullion and are also not into the said business and that gold granules of purity 99.99% under tariff entry 7108...import regulations prescribed by the RBI. On harmonious reading of the relevant policy and import regulations in force, it is evident that as per the import policy notified by the DGFT, gold in any form...

...misunderstood the policy of liberalisation in relation to import of gold which has no bearing whatever in the case of preventive detention. On these grounds, it is submitted that the order of the ...in relation to import of gold and the conditions under which such import could be made. What is nexus between the policy and the preventive detention? Therefore not one of these three grounds on which...Kumar; (2) Vijay Kumar and other accused were advised to be released by the Advisory Board constituted under Section 8 of the Act; and (3) there is relaxation to bring gold of foreign origin up to a...

...: Foreign Exchange Regulation Act 1947, s. 8-Import of gold in contravention of section whether Punishable under Sea Customs Act 1878, S. 167(81)criminal conspiracy under s. 120B...with certain other accused were tried for the offence of'-criminal conspiracy to import and deal in gold punishable under s. 120B of the Indian Penal Code read with s. 167(81) of the Sea Customs Act...general questions affecting all the appellants that arose for consideration were: (1) was the import of gold in contravention of s. 8(1)of the Foreign Exchange Regulation Act, 1947 punishable under s...

...briefly stated are that the respondent in CSTA No.13/2019 had filed bill of entry No.2296535 dated 03.07.2017 for import of 100 No. of gold medallions of 99.99% purity weighing 5 Kgs. worth Rs....1,35,66,558/-, whereas, the respondent in CSTA No.14/2019 filed bill of entry No.3333264 dated 21.09.2017 for import of goods declared as gold granules of 99.99% purity weighing 1 Kg, which was valued at ...of Foreign Trade (DGFT) or in possession of status of star and premium trading houses and therefore, is not permitted to import the gold and the gold in question has been imported in contravention...

...are that M/s. Rinaissance Gem & Jewellery Exports Pvt. Ltd. made import of primary gold by availing the benefit of Notification No.177/94-Cus. dated 21.10.1994. The Notification provides duty...-free import of gold on the condition that the same will be used in the manufacture of jewellery for export. The Notification also provides that the importer shall maintain a proper account of ...total import of gold, total export, gold recovered from dust, gold in stock and the finding and mountings in stock. Taking into consideration this quantity, the shortage of 8971.11 grams was found...

...decades have passed in the meantime and the policy of import of gold has been drastically changed. Even the confessional statement indicates that they had kept the gold for getting some commission...)(ii) of the Gold (Control) Act, 1968, for having found to be in possession of 600 gold biscuits each weighing 10 tolas, but in view of the findings concurrently arrived at by all the forums, he...Union of India however submitted that taking into account the amount of gold that was found from the possession of the accused persons and the offence being an economic offence, the accused should be...

...filed Bill of Entry No. 3333264 dated 21.09.2017 for import of Gold Granules of Purity 99.99% weighing net one kilogram and falling under CTH 71081300 of the Customs Tariff Act, 1975 valued at Rs...weight tallied with the import documents and purity was found to be 99.99%. The Department entertained the view that the said import is in violation of the Import Policy because as per Import Policy, ...Agency and therefore are not permitted to import the said Gold under the said Bill of Entry. On these allegations, a SCN dated 10.11.2017 was issued to the importer proposing to (i) confiscate the...

...receipt in the names of Mohammed Mustafa for Rs. 1,07,932/- and Abu Tahir for Rs. 1,09,005/- evidencing payment of customs duty on 04.06.1992 and 12.06.1992 for import of gold weighing approximately 4,906...as regards the investment in gold or gold being invested in bonds. Thus the contention of the assessee that the source of acquisition of gold not to be enquired into, was not accepted. Considering...gold as one for the purpose of investment in Gold Bonds, was rejected. The Assessing Officer pointed out that there was no nexus between the gold acquired through the receipt of customs duty for ...

..., it was clear that the gold had been smuggled. It was alleged that the appellant had carried the gold knowingly with intent to evade the regulations prohibiting the import of gold into India...that the accused was carrying the gold knowingly to evade the prohibition which was for the time being in force with respect to the import of gold into India. Once, however, it is found, as it must be...with the intention of evading the prohibition that was in force with respect to the import of gold into the country. Mr Kapur tried to argue that when gold is carried by persons, they often carry it...

...agency for the import of gold, MMTC can be made liable for payment of customs duty in the event the unit commits a breach of its obligation to export the jewellery made from such gold, and thereby...scheme or the conditions of the notification, and in the absence of any finding that the import of gold was made pursuant to a conspiracy to illegally divert the gold.7. Whether in t...facts of the present case where, as a matter of governmental policy, it was decided to arrange the import of gold through M/s. MMTC, apparently with a view to ensure an effective and efficient supply...

...) into gold plating chemicals. The gold imported was cleared duty free against advance licence produced by the importer. The arrangement of import of the gold bars and export of the .... The adjudication authority found that there was no extra payment effected, no foreign remittance towards import of gold and that the basis of invoicing of the imported gold bars was as ....2. Since the importer and the supplier of the gold bars were related, a case was registered in the SVB/GVC under Rule 2(2) of the Customs Valuation Rules, 1988...

...out of foreign gold and hence smuggled. Prima facie these contentions are not acceptable. The fact that gold of 999.0 purity by itself does not establish that it is manufactured out of smuggled ...112 of the Customs Act, 1962 on the finding of the Commissioner that some quantity of gold ornaments seized from Prakash Jain, a gold dealer, was of purity 999.0, it must be considered to be m...in September, 1992 and the ornaments which were seized in January, 1993 might have been made out of such legally imported gold.4. Taking these aspects into consideration we waive deposit of th...

.... According to him, importing of gold is no longer prohibited. He states that under the EXIM Policy, import of gold is allowed free subject to RBI Regulations. He also states that under Notification No. 62...Jha who supports the impugned Order and states that the import of gold is permitted only subject to conditions and when the conditions are not fulfilled, import of gold has to be treated as prohib...Mohd. Omer (cited supra) and has held that even though gold could be imported against special import licence or by agencies authorised by the Government of India, gold would come within the purview...

...M/s. Rinaissance Gem & Jewellery Exports Pvt. Ltd. made import of primary gold by availing the benefit of Notification No. 177/94-Cus. dated 21.10.1994 The Notification provides duty-free import ...import of gold, total export, gold recovered from dust, gold in stock and the finding and mountings in stock. Taking into consideration this quantity, the shortage of 8971.11 grams was found. In t...the condition that the same will be used in the manufacture of jewellery for export. The Notification also provides that the importer shall maintain a proper account of import, consumption and...

...conceded that agencies permitted by RBI as given in para 2 of the order of Commissioner (Appeals) were only entitled to import gold and no one else was allowed to import gold. The Commissioner (Ap.... 3. Learned Counsel tried to rely on the letter issued by the Reserve Bank of India dated 23.12.2011 wherein no objection to import of gold 746 gms valued at USD 34000 was imported...from Ghana. However, they were also advised to approach DGFT for issue of NOC for release of gold. Further RBI advised to the appellant to apply for compounding of contravention of Rules and Regulations is...

...Agarwal and he was working for Shri Raghubir Agarwal for the last four years. No evidence was produced by the appellant in respect of legal import of the gold, in question. In the appeal memo, the...contention of the appellant is that the Counsel of the appellant had produced documentary evidence in respect of import of the gold before the appellate authority. But the appellate authority had ...possession of gold biscuits of foreign origin, the contention of the revenue that they have not produced any evidence before the Commissioner (Appeals), is without any merits and in the present appeal they have not...