2016 (3) TMI 387

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....l, South Zonal Bench, Chennai, setting aside the demand, penalty and fine. 2. The case of the petitioner is that as against the order No.15/99 dated 14.07.1999 passed by the Commissioner of Customs, Trichy with respect to confiscation of fourteen machineries which were not covered by the EPCG licence, the petitioner preferred an appeal in No.697/2000 before the CEGAT, Chennai, which set aside the order in original and directed for denovo proceedings on the ground of denial of sufficient opportunity. Thereafter, the Commissioner of Customs, Trichy, in his denovo adjudication Order No.59/2000 dated 11.10.2000, confiscated 14 machines which were not covered by EPCG License at the time of import, however, with an option to redeem the same. A....

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....nt of such deposit, addressed to the concerned Assistant/Deputy Commissioner of Central Excise or Customs, as the case may be, will suffice for the purpose and all the pending refund applications already made under the relevant provisions of the Indirect Tax Enactments for return of such deposits and which are pending with the authorities will also be treated as simple letters asking for return of the deposits,and will be processed as such and similarly, bank guarantees executed in lieu of cash deposits shall also be returned. 5. It is an admitted fact that the entire amount has been refunded and interest alone has to be paid to the petitioner. The claim of the petitioner towards interest under Section 129 EE of the Customs Act, 1962, co....

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....t of this order. The appeal is disposed of. In view of this order any judgment of any High Court holding to the contrary will no longer be good law". 7. Pursuant to the same, the Ministry of Finance has issued Circular:802/35/2004-CX dated 08.12.2004, wherein in paragraph Nos.4 and 5 of, the Central Board of Excise and Customs, New Delhi, has stated as follows:- "4. Accordingly, the contents of the Circular No.275/37/2000-CX.8A dated 2.1.2002 [2002 (139) ELT T38], as to the modalities for return of the pre-deposits are reiterated. It is again reiterated that in terms of the Hon'ble Supreme Court's order such pre-deposit must be returned within 3 months from the date of the order passed by the Appellate Tribunal/Court or ....