ORDER: [PER SHRI K. ANPAZHAKAN]

The present appeal has been filed by the Revenue against the Order-in-Appeal No. KOL/CUS/CCP/AKR/696/2021 dated 16.08.2021 passed by the Ld. Commissioner of Customs (Appeals), 3^rd Floor, Custom House, 15/1, Strand Road, Kolkata – 700 001.

2. The facts of the case are that on 18.09.2018, two gold bars were seized from Shri Anup Saha, an employee of Shri Tutun Chandra Roy (the respondent herein) before his shop, M/s. Gems & Jarwa House.

The specifications of the seized gold bars were shown as:

i) AS-1 - 156469, weighing 999.900 gms. ii) AS-2 – 151551, weighing 999.900 gms

2.1. The respondent, who is the proprietor of the said firm, admitted that, both the gold bars belonged to him. The shop premise of the Respondent was searched and his statement was recorded.

2.2. In his statement, the respondent inter alia deposed that one gold bar was purchased from M/s. Dutta Bullion Mart, Kolkata and another one was purchased by his cousin brother, namely, Shri Satyendra Chandra Roy, who died on 20.07.2018, which had been handed over to him against some loan, prior to his death.

3. Statement of Shri Aniruddha Dutta of M/s. Dutta Bullion Mart, was recorded, wherein he int