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Statutory prior intimation before disposal of seized gold was not given, preventing the Department from limiting restitution to the disposal consideration. If the owners ultimately succeed in the confiscation proceedings, they are entitled to the gold's fair market value as on the date of release, subject to deduction of any fine or penalty. Pending the Department's appeal against the fresh non-confiscation order, immediate payment against a bank guarantee was refused and the merits, including abatement, were left for appellate determination. The Commissioner (Appeals) must decide the appeal expeditiously, with disbursement of fair market value governed by its outcome.
Statutory prior intimation before disposal of seized gold was not given, preventing the Department from limiting restitution to the disposal consideration. If the owners ultimately succeed in the confiscation proceedings, they are entitled to the gold's fair market value as on the date of release, subject to deduction of any fine or penalty. Pending the Department's appeal against the fresh non-confiscation order, immediate payment against a bank guarantee was refused and the merits, including abatement, were left for appellate determination. The Commissioner (Appeals) must decide the appeal expeditiously, with disbursement of fair market value governed by its outcome.
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