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    <title>2020 (2) TMI 1169 - MADRAS HIGH COURT</title>
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    <description>Writ jurisdiction was held maintainable where customs authorities had admittedly withheld auction sale proceeds and the claim did not require trial of disputed facts, so the petitioner was not driven to a civil suit. On the merits, the Court treated prolonged retention of the balance sale proceeds as unjustified under section 150 of the Customs Act, 1962, and held that compensatory interest was payable for the delay. The statutory rate notified for customs refunds was applied as a fair measure of restitution, even though the amount was not characterised as a refund of duty in the strict sense.</description>
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      <description>Writ jurisdiction was held maintainable where customs authorities had admittedly withheld auction sale proceeds and the claim did not require trial of disputed facts, so the petitioner was not driven to a civil suit. On the merits, the Court treated prolonged retention of the balance sale proceeds as unjustified under section 150 of the Customs Act, 1962, and held that compensatory interest was payable for the delay. The statutory rate notified for customs refunds was applied as a fair measure of restitution, even though the amount was not characterised as a refund of duty in the strict sense.</description>
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      <pubDate>Thu, 06 Feb 2020 00:00:00 +0530</pubDate>
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