2006 (1) TMI 306

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....e Appellant. Shri S.S. Bhagat, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)].  The issue involved in the present appeal is refund claim of Rs. 24,75,700/- (Rupees twenty four lakhs seventy five thousand seven hundred only) which was seized by the DGAE officers during the course of search of the factory premises of the appellant. Along with the seizure of said Indi....

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....). The said order was appealed against by the appellant before the Tribunal. 2. Before the above appeal was decided by the Tribunal, Kar Vivad Samadhan Scheme came into existence. The appellant availed the same and filed the declaration before the designated authority, which was accepted by the said authority. However, as regards the Indian currency, the appellant did not file any declarat....

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....stands absolutely confiscated as per order-in-original and, hence, such relief could only be available through appeal before CEGAT. (ii)     that in view of availment of the benefit under KVSS, the appellants have forfeited their right to claim the benefit of their appeal before CEGAT. (iii)    that even in the order under KVSS, the appellants' request to a....

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....t before CEGAT, the disputed amounts were ultimately settled in terms of the provisions of KVSS Scheme. The Indian currency was not the subject matter of such settlement. As such, the order of the Commissioner confiscating the Indian currency with an option to the appellant to redeem the same on payment of redemption fine attained finality. As such, the appellant cannot claim the refund of the sam....