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Issues: (i) Whether owners of seized gold sold without prior notice under Section 150(1) are, if successful in the confiscation proceedings, entitled to its fair market value on the date of release rather than the sale proceeds received by Revenue; (ii) Whether the value of the gold should be released immediately against bank guarantees while Revenue's statutory appeal remains pending.
Issue (i): Whether owners of seized gold sold without prior notice under Section 150(1) are, if successful in the confiscation proceedings, entitled to its fair market value on the date of release rather than the sale proceeds received by Revenue.
Analysis: Section 150(1) mandates prior intimation to the owner before disposal of seized gold. That requirement was admittedly not followed. Revenue cannot rely on the amount realised in the 2021 sale where the owners were deprived of the statutory prior-notice protection.
Conclusion: If the petitioners succeed in the confiscation proceedings, they are entitled to the fair market value of the gold as on the date of the appellate decision directing release, and not merely the historical sale proceeds. Revenue cannot re-agitate this valuation issue before the Commissioner (Appeals).
Issue (ii): Whether the value of the gold should be released immediately against bank guarantees while Revenue's statutory appeal remains pending.
Analysis: A departmental appeal under Section 129D(2) against the order declining confiscation remains pending. The merits of that appeal, including the objections concerning abatement and confiscation, were left for the appellate authority. An expedited determination with procedural safeguards was regarded as sufficient to balance the parties' interests.
Conclusion: The request for immediate disbursement against bank guarantees is rejected. The Commissioner (Appeals) must determine the departmental appeal on or before 31 December 2026, following which the prescribed conditional payment directions will apply.
Final Conclusion: Disposal of seized gold without the mandated prior notice fixes the applicable valuation, upon the owners' eventual success, at the prevailing fair market value rather than the amount realised on sale; the unresolved confiscation dispute remains for appellate adjudication.
Ratio Decidendi: Where seized gold is disposed of without the statutory prior notice required to its owner, the owner who ultimately succeeds is entitled to its fair market value at the time release becomes due, rather than the historical sale realisation.
Prior notice before disposal of seized gold determines valuation at release, while confiscation appeals delay conditional payment.
Disposal of seized gold without statutory prior notice to its owner under Section 150(1) makes the applicable valuation, if confiscation proceedings ultimately favour the owner, the fair market value on the date release is directed rather than the historical sale proceeds. A pending departmental appeal against non-confiscation leaves abatement and confiscation merits for appellate determination. Immediate disbursement of the gold's value against bank guarantees is not available while that appeal remains unresolved; expedited appellate determination and subsequent conditional payment govern release.
Disposal of seized gold without prior intimation - Fair market value for seized gold disposed of without prior intimation Statutory prior intimation before disposal of seized gold - Fair market value as restitution for disposed seized gold - Compensation for seized gold disposed of without statutory prior intimation, upon the owners succeeding in the confiscation proceedings - HELD THAT: - The admitted failure to give prior intimation required under Section 150(1) precluded the Department from confining restitution to the consideration received on disposal. The Court held that, if the Petitioners succeeded, they would be entitled to the fair market value of the gold as on the date of release, and that question could not be reopened before the Commissioner (Appeals). [Paras 13, 17, 18, 19] Subject to the outcome of the pending departmental appeal, the fair market value as on the Commissioner (Appeals)' decision is to be disbursed within three weeks, after deduction of any fine or penalty imposed; no disbursement is due if the Department succeeds entirely. Enforcement of non-confiscation order pending departmental appeal - Immediate payment of the value of seized gold upon furnishing bank guarantee during pendency of the Department's statutory appeal - HELD THAT: - Since the Department's appeal against the fresh non-confiscation order was pending, the Court declined to examine its validity or the remaining merits, leaving the parties free to urge their contentions, including abatement, before the appellate authority. Interim release against bank guarantee was refused, the Court considering expeditious appellate disposal sufficient to balance equities. [Paras 14, 15, 16] Immediate release was declined, and the Commissioner (Appeals) was directed to decide the departmental appeal expeditiously within the stipulated period after granting the Petitioners an effective hearing. Final Conclusion: The writ petitions were disposed of without adjudicating the merits of confiscation or the validity of the departmental appeal. The pending appeal was directed to be decided expeditiously, with payment of the fair market value governed by its outcome.