TaxTMI 
TaxTMI 
2012 (9) TMI 711
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.... of Customs vide Order-in-Original dated 19-11-97 ordering absolute confiscation of the currency holding that the same is sale proceeds of smuggled goods. On appeal being filed before the Commissioner (Appeals), the order-in-original was upheld. On appeal being filed before the Tribunal, the Tribunal vide Final Order No. A/311-14/2000-NB (DB), dated 5-4-2000 ordered release of the currency holding that the same is not liable for confiscation under Section 121 of the Customs Act,. But in spite of the Tribunal's order, the currency was not released. On 30-11-2007, Mrs. Shashi Goyal addressed a letter to the Commissioner requesting for release of the currency in pursuance of the Tribunal's Order dated 5-4-2000 along with interest of 18% per an....
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....e Government from time to time. Against this order of the Commissioner (Appeals) while the Respondent, Mrs. Shashi Goyal filed an appeal before the Tribunal for ordering interest @ 18% per annum, the department has filed a review appeal challenging the Commissioner (Appeals) order directing the payment of interest, on the ground that in case of return of the seized goods, there is no provisions in the Customs Act for payment of interest. The department along with appeal has filed an application for staying the order of the Commissioner (Appeals). 2. Heard both the sides in respect of stay application. 3. Shri Anil Khanna, ld. Departmental Representative assailed the impugned order by reiterating the grounds of appeal in the Reve....
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....C.), and of the Tribunal in the case of Warren Trading Pvt. Ltd. v. C.C. reported in 2008 (224) E.L.T. 313 (Tribunal-Mum) wherein it has been held that when the sale proceeds of the seized goods which had been disposed of are required to be returned and there is delay in release of the same, party would be liable for interest at the rate of 10%, that the ratio of this judgement of the Tribunal is squarely applicable to the facts of this case, that in view of this, the Commissioner has rightly ordered payment of interest for delay in release of the currency and hence, there is no merit in the Revenue's appeal and the stay application. 5. I have carefully considered the submission from both the sides and perused the records. 6. Pr....