Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
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CESTAT adjudicated a dispute regarding seized traveller's cheques, finding the customs department's encashment and retention of funds arbitrary. The tribunal determined that the cheques, being non-perishable dollar-denominated instruments, should have been handled with greater procedural care. Critically, the court ruled that the appellant was entitled to interest on the deposited amount from the date of deposit, less redemption fines and penalties, with payment mandated within two months. The decision emphasized preventing unjust enrichment and protecting property rights by recognizing the potential financial loss to the appellant due to unauthorized fund retention. Appeal was allowed, directing monetary compensation to the appellant.
CESTAT adjudicated a dispute regarding seized traveller's cheques, finding the customs department's encashment and retention of funds arbitrary. The tribunal determined that the cheques, being non-perishable dollar-denominated instruments, should have been handled with greater procedural care. Critically, the court ruled that the appellant was entitled to interest on the deposited amount from the date of deposit, less redemption fines and penalties, with payment mandated within two months. The decision emphasized preventing unjust enrichment and protecting property rights by recognizing the potential financial loss to the appellant due to unauthorized fund retention. Appeal was allowed, directing monetary compensation to the appellant.
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