- (1.) The subject matter of challenge is a judgment and order dated August 21, 2015, passed by the Customs, Excise and Service Tax Appellate Tribunal, East Regional Bench, Kolkata, in Customs Appeal Nos. C/75327, 75516, 75642 and 75643/2014 [2016 (333) E.L.T. 448 (Tribunal)]. The aggrieved revenue has come up in appeal.
(2.) Briefly stated, the facts and circumstances of the case are as follows.
(3.) On February 2, 2012, on the basis of source information, a vehicle was intercepted. Sri Nand Kishore Somani, one of the respondents, was occupying the vehicle amongst others. From his possession ten pieces of gold bars were recovered. Case was started on the basis of suspicion that the gold bars recovered from Nand Kishore were of a foreign origin. The case of Nand Kishore is that he purchased the gold bars from Sri Ajoy Kumar Saraf, carrying on business under the name and style of Saraf Jewellers at Kolkata. He also produced the cash memos. Sri Ajoy Kumar Saraf was interrogated. He affirmed that he sold the gold bars to Sri Nand Kishore Somani. He also confirmed the authenticity of the cash memos produced by Nand Kishore Somani.;