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    <title>2017 (5) TMI 802 - CESTAT KOLKATA</title>
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    <description>The Tribunal held that Section 150 of the Customs Act, 1962 did not apply as the seized goods were confiscated, not subject to sale. Refund was denied, with the amount payable based on the actual value of the goods, not market value. Legal precedents were distinguished based on confiscation status. Previous court judgments were deemed irrelevant, emphasizing the importance of confiscation outcomes. A circular requiring notice to the owner post-appeals was found inapplicable as all remedies were exhausted without setting aside confiscation. The appeal was rejected, Revenue&#039;s appeal allowed, and the Adjudicating Authority&#039;s order reinstated.</description>
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    <pubDate>Fri, 12 May 2017 00:00:00 +0530</pubDate>
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      <title>2017 (5) TMI 802 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=343064</link>
      <description>The Tribunal held that Section 150 of the Customs Act, 1962 did not apply as the seized goods were confiscated, not subject to sale. Refund was denied, with the amount payable based on the actual value of the goods, not market value. Legal precedents were distinguished based on confiscation status. Previous court judgments were deemed irrelevant, emphasizing the importance of confiscation outcomes. A circular requiring notice to the owner post-appeals was found inapplicable as all remedies were exhausted without setting aside confiscation. The appeal was rejected, Revenue&#039;s appeal allowed, and the Adjudicating Authority&#039;s order reinstated.</description>
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      <pubDate>Fri, 12 May 2017 00:00:00 +0530</pubDate>
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