2013 (5) TMI 324

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....to re-credit the same in the account of Commissioner of Customs as soon as the same is received by the Bank. Petitioner claims to be engaged in the manufacture and export of knitted garments namely Gents Shirts, Pajama (top) & track suit and is also engaged in exporting goods to different countries. On 26.4.2012, the officers of respondent No. 4 associated the petitioner in connection with the investigations against other two firms. The petitioner asserts that his statement was recorded on 27.4.2012 under coercion and threat. It is pointed out respondent No. 3 has directed the Banker of the Petitioner not to release the already sanctioned amount of drawback and re-credit to them. It is the said action which is challenged by the petitione....

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....his Court in Century Knitters's case (supra), the adjudication process has to be completed on or before 31.3.2014. It is contended that the revenue has a power of seizure of documents and things in terms of the provisions of Section 110(3) of the Act, therefore, the action of the revenue in directing the Bank to transfer the amount to the revenue is in exercise of the jurisdiction conferred under the aforesaid provisions. It is pointed out that in respect of seizure of goods, the revenue has to issue show cause notice in time bound manner but in respect of seizure of documents or things there is no time limit for the issuance of the show cause notices. Therefore, the petitioner is not entitled to release the amount of Rs. 38,02,038/-. Mr....

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...., which, if proved, were liable to be confiscated under Section 111 or Section 113. Therefore, leave stands granted. 5. At this stage, it is suffice to state that the case involves seizure of Rs 23.90 lakhs, the main ground of the Department was that there was some hawala transaction going on and that the said amount appeared to have been acquired in such a transaction. 6. Under Section 110, the competent officer is authorised to seize such goods in respect of which he has reason to believe that they are liable to confiscation. The word "goods" is defined under Section 2(22) to include currency. 7. Under Section 122, adjudication in respect of confiscation is provided for. Section 124 provides for show-cause notice before confiscat....