Aditya Bhattachrya quoted in Business Standard on Court Ruling for Gold Jewellery and Customs Penalties

In a recent article titled “Heading back to India with gold? Court ruling can save you from hefty fine” published by Business Standard, Aditya Bhattacharya shared valuable insights on how travellers can establish whether gold ornaments carried into India qualify as personal jewellery or risk being treated as commercial imports.

Aditya explained that the distinction largely depends on context and evidence:

• Signs of regular use such as scratches, engravings, or old photographs showing the traveller wearing the jewellery help establish personal ownership.
• Red flags include brand-new, tagged, or packaged ornaments, which raise suspicion of commercial import.
• Customs implications: Under Sections 112(a) and 112(b) of the Customs Act, penalties for mis-declaration may range from a few thousand rupees to several lakhs, often up to the duty sought to be evaded, depending on adjudication.

He further advised that travellers returning with high-purity jewellery should take precautionary steps such as filing a baggage declaration on arrival, carrying purchase receipts where possible, and keeping photos or records showing prior use, particularly when transporting larger quantities or unusual purity levels.

This expert guidance underlines the importance of careful compliance and documentation for Indians returning from overseas with gold ornaments, ensuring they can avoid heavy fines and unnecessary legal complications.

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