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Can gold jewellery confiscated at airport be recovered
11-Apr-2023 (In Customs & Central Excise Law)
I am NRI stating at singapore. My wife landed at Kolkata wearing 50 gram gold bangles and 11 gram ring. Custom officials intercepted her when she was walking through green channel. She was ready to pay duty but officials said that since she had stayed only for 5 months and 5 days she is not eligible to pay duty and they confiscated the gold. They also slapped 20000 inr fine. She was stating in Singapore only but she has went to India for 5 months as she was pregnant. Please tell me if we can get back gold or not? If yes then what is the process?
An Indian passenger who has been residing abroad for over one year is allowed to bring jewellery free of duty in his/her bonafide baggage upto an aggregate weight of 20 gms for a male passenger subject to maximum value of Rs. 50000/- and 40 gms for a female passenger subject to a maximum value of 1 lakh. For those who stayed abroad for six months, the discounted duty payable is 10.3%. Holder of Indian passport who is having continuous stay for 6 months abroad, can bring in upto 1 kg of gold on payment of duty. This can be gold jewellery or crude gold or gold coin or gold biscuits. In case the passenger bringing gold has not stayed abroad for 6 months, then the duty at the rate of 36.05% shall be charged on all the gold the passenger arrives with. Hence such confiscation may be illegal and the confiscated goods may be returned back through the process of initiation of legal proceeding in CESTAT. The Court on plenty of my matters directed the release of good, hence all the best. Regards
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Adv. Ujjal Kumar Ray
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