2009 (8) TMI 669

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....ondent. [Order].- The truck No. W.B. - 03/A 0367 owned by the petitioner was intercepted on 9-8-2009 and 301.21 Kilograms of Chinese Silk Yarn, a contraband goods was found to be concealed between the bundles of laminated jute bags. The truck was seized by the custom authorities. Show cause notice was issued to the petitioner. The petitioner submitted his reply. However, by the order dated 31-3....

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....ty, the total of which comes to Rs. 70,000/-. At that point of time, the petitioner was informed that the vehicle has already been sold on 22-3-1999 for a sum of Rs. 3,31,000/-. 3. By means of this writ petition, the petitioner seeks a writ order or direction in the nature of mandamus directing the respondent to refund Rs. 5,30,000/- to the petitioner i.e. after deducting a sum of Rs. 70,000/- ....

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.... 5-2-1986 as amended from time to time issued under Section 110(1A) of the Customs Act, 1962, wherein, the Central Government had empowered the authorities to sell the seized conveyance also, even before the adjudication order. He, therefore, submitted that the action of the authorities is valid. 7. We have given our thoughtful consideration to the various pleas raised by the learned counsel fo....

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....t Bengal. On a query being made as to what was the price of the truck in the year 1995, Sri Mehra submitted that it was purchased for about Rs. 6,00,000/-. The vehicle has been used in the transport business since August 1995. The value of the truck has depreciated and if the rate of depreciation as admissible           under the Income Tax Act is ....