2017 (6) TMI 742

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d by Shri T. Ramesh, Advocate and Shri B. Balamurugan, AC (AR), I find that a very short issue is involved in the present case. In the year 2000, 70 Nos. of Gold Bars of 10 tolas each weighing totally 8155 grams were seized by the DRI from the appellant's possession and after due process of adjudication, the same were confiscated by the order of the original adjudicating authority. When the ma....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is point is that while refunding the sale proceeds, they should have also been given interest from the date of sale of the goods till the date of refund of the amount. For the said purpose they have also filed writ petition before the Hon'ble High Court of Madras. The Single Member Bench of the Hon'ble High Court of Madras held that the interest is payable by the Revenue and directed the Revenue t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ently, M.P.No.1 of 2010 is closed". 6. In the light of the above directions of the Hon'ble High Court, the matter for interest claim was again taken up by the first adjudicating authority and was rejected. On appeal, the Commissioner (Appeals) observed that there is no provision for payment of interest in the customs proceedings where the goods confiscated stand owned by the exchequer till the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....igh Court in the case of Kailash Ribbon Factory Ltd. Vs. CCE, New Delhi - 2002 (143) ELT 60 (Delhi) as also the decision of the Hon'ble High Court of Madras in the case of Collector of Customs, Madras Vs. Meena A. Bharwani - 2006 (194) ELT 273 (Mad.), wherein it was held that whenever Revenue disposes of the confiscated goods during the pendency of the legal proceedings, the litigant is entitled t....