High Court orders Customs to decide on seized rubber refund within 45 days

The High Court of Gauhati directed the Assistant Commissioner of Customs to decide on the petitioner's representation for the refund of the market value of seized raw rubber within 45 days and communicate the decision to the petitioner.

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Issues: Seizure of raw rubber, absolute confiscation, penalty imposition, appeal, refund representation, non-response to representation

The High Court of Gauhati heard a case involving the seizure of raw rubber belonging to the petitioner by respondent authorities, weighing 2840.870 kgs with a market value of Rs. 5,68,174. The adjudicating authority directed for the absolute confiscation of the seized rubber and imposed a penalty of Rs. 10 lac, which was later set aside by the Commissioner (Appeals) through an order dated 7.1.2015. The petitioner sought a refund of the seized rubber or its market value, but the Commissioner only sanctioned a refund of Rs. 1.55 lac. Feeling aggrieved, the petitioner made a fresh representation for the refund of the entire value of the seized rubber. The petitioner's grievance was that the authorities did not respond to this representation.

The High Court, after hearing the counsels, disposed of the writ petition by directing the Assistant Commissioner of Customs to decide the petitioner's representation dated 21.8.2015 for the refund of Rs. 5,68,174 within 45 days from the receipt of the court's order and communicate the decision to the petitioner.

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