2016 (9) TMI 122

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....te that has been pending for the last 33 years can now be given a decent burial. 3. The appellant, a gold dealer registered under the erstwhile Act, who was in March 1983 found to have excess stock of 258.500 gms. (gross) [255.300 gms. (net)] of gold ornaments valued then at Rs. 38,630/- at the registered premises, was proceeded against under the Gold (Control) Act, 1968. The excess stock was confiscated under section 71 of the erstwhile Gold (Control) Act, 1968 with option to redeem on payment of fine of Rs. 35,000/-; a penalty of Rs. 15,000/- imposed under section 74 of the Gold (Control) Act, 1968 vide order dated 24th September, 1983.  4. Having paid the penalty, the appellant sought relief from the Tribunal [then known as C....

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....ng so and that authority declined to accept the redemption fine as appeal was pending before the first appellate authority.  This was conveyed vide F. No. C(CEX)19-07/2012/Prev./6461 dated  10th September 2014 against which on appeal filed with the Commissioner of Customs (Appeals), Nagpur was dismissed for lack of jurisdiction in the absence of an appellate order; nevertheless, the appellate authority did render a direction to the original authority to proceed as if there was no appeal pending. The present appeal seeks relief against the dismissal of the appeal by the first appellate authority.   7. In the context of the desire of the appellant to exercise the option to redeem the confiscated gold there is no pre-req....

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....e order of confiscation. The desire to contribute to the public exchequer cannot apparently be consummated without the autograph of an officer and that the appellant was steadfastly deprived of. The appellant thereafter submitted a demand draft to the Commissioner of Customs, Central Excise & Service Tax, Wardha whose acceptance of the same was the sole act of redemptory expiation. The pre-requisite for return of confiscated goods has thus been complied with and the physical handing over alone remains to be completed. The consistent stand of the lower authority that the pendency of an appeal precludes the completion of redemption, echoed by Learned Authorised Representative, is no longer tenable. In this context, the findings recorded in th....