The Delhi High Court in its recent ruling held that the import of gold fall in the category of “prohibited goods”.
The High Court relied on the decision of Nidhi Kapoor vs. Principal Commissioner and Additional Secretary to the Government of India & Ors.
In the case of Nidhi Kapoor it was held that the importation of the gold is a prohibited item within the meaning of Section 2(33) of the Customs Act, 1962; and that redemption in case of importation of gold which is brought into India illegally in the form of “smuggling” does not entitle the owner or importer for automatic release/redemption of such item.
Section 2(33) of the Customs Act, 1962 defines “prohibited goods”. The term “prohibited goods” means any goods the import or export of which is subject to any prohibition under this Act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with.
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Issue Raised
Whether gold would not fall in the category of “prohibited goods” or not?
Facts
The appellant/assessee assailed the order of the Customs Excise and Service Tax Appellate Tribunal. The grievance was essentially in respect of confiscation of gold. The CSETAT held that gold would fall in the category of “prohibited goods”.
The court found no ground to interfere with the order of the CESTAT and dismissed the appeal.
Case Name : RAHUL GOYAL V/S COMMOSSIONER OF CUSTOMS
(PREVENTIVE)
Judicial Level & Location : CUSAA 65/2024
Case Number : CUSAA 65/2024
Date of Ruling :16.07.2024
Ruling in favour of: Respondent
Judges: Justice Yashwant Varma And Justice Ravinder Dudeja
Petitioner Advocate: Ashutosh, Mr. Akshay Anand, Mr. Tushar Anand
Respondent Advocate: Mr. Aditya Singla, SSC with Mr. Anand Pandy, Mr. Raghav Bakshi
