2008 (5) TMI 440

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....y, 2007 passed by the Customs, Excise and Service Tax Appellate Tribunal along with  statutory  interest. 2. The facts are during December, 2003 the imported goods of the petitioner were seized. According to the petitioner, though the value of the goods were above Rs. 12 lakhs, the customs authorities, as it would appear from the seizure memorandum valued it at Rs. 9,35,765/-. Challenging the seizure a writ petition was filed which was disposed of by order dated 24th April, 2003 directing the customs authorities to decide the matter in accordance with law. Thereafter, on 1st May, 2003 show cause notice was issued by the respondent No. 2. The goods were shown to be valued at Rs. 9,19,625/-. Adjudication was done by the Addi....

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....o mistake, in 2004 the goods have been sold. The explanation in the affidavit is as there was delay on part of the petitioner in preferring appeal, as the Deputy Commissioner of Customs Division, Varanasi was not a party in the appeal and as there was communication gap in between the respondents the goods were sold. 5. The issue is whether the goods confiscated and directed to be released by the order of the Tribunal can be sold. 6. Section 150 of Customs Act, 1962 (for short 'the Act') postulates the procedure for sale of goods and application of sale proceeds. Relevant portion of Section 150 of the Act is as under : "(1) Where any goods not being confiscated goods are to be sold under any provisions of this Act, they sh....