Since he did number declare this gold, even though he is given the benefit of the gold bond scheme, he has rendered himself liable to punishment for number declaring his gold, at the appropriate time, as required by law.
Considering all the facts and circumstances of the case and weighing the merits of the evidence available on record, I order that the gold shall be released to the party charged for invest in gold bond in pursuance of the application tendered by him to the State Bank of Indore in 1965.
26686/2016 CIVIL APPEAL NO.
10829 OF 2018 SLP C No.
10831 OF 2018 SLP C No.
10825 OF 2018 SLP C No.
10833 OF 2018 SLP C No.
10832 OF 2018 SLP C No.
10826 OF 2018 SLP C No.
CIVIL APPEAL NO.
29640/2016 CIVIL APPEAL NO.
29613/2016 CIVIL APPEAL NO.
29641/2016 CIVIL APPEAL NO.
29552/2016 CIVIL APPEAL NO.
29796/2016 CIVIL APPEAL NO.
29740/2016 CIVIL APPEAL NO.
29559/2016 CIVIL APPEAL NO.
10830 OF 2018 SLP C No.
F. Nariman, J. Civil Appeal No.
723/1973 In this appeal, an order dated 03.01.1970 was passed by the Collector of Central Excise in which, it was ordered as follows In view of the above mentioned facts, the party charged is entitled to the benefit of the amnesty granted by the Government.
Even though he had initially failed to declare the gold, time was available to him up to 31.5.66 to invest the gold into gold bonds and his intentions would have materialised but for the fact that seizure of gold prevented him from tendering the Gold to the Bank, as it was number in his possession at that time.
