2021 (10) TMI 943

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....amal Sharkar, Pritha Basu and Nagendar Kumar Ram, for the Appellant. Shri Bhaskar Prosad Banerjee, for the Respondent. ORDER This is an application by the applicants/writ petitioners, inter alia, seeking appropriate direction for encashment of the fixed deposits made in respect of the sale proceeds received by selling the unclaimed/uncleared goods at the bonded warehouse maintained by the....

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....f the Customs Act, 1962 (hereinafter referred to as the "said Act"), priority of payment out of the sale proceeds have been enumerated. 3. As of now, in terms of the provisions of Section 150(2), the payment of expenses for the sale as provided under Section 150(2)(a) has been made. So far as payment of freight and other charges are concerned, as enumerated under Section 150(2)(b), there i....

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....f payment as enumerated under Section 150(2)(d) is receivable by the applicants/writ petitioners. The applicants/writ petitioners say that if the customs duty is determined and adjusted from the sale proceeds now kept in the fixed deposit, the applicants/writ petitioners are entitled to the residual amount, if any. The applicants/writ petitioners can appropriate such residual amount, if any, towar....

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....the writ petition can be disposed of if the concerned office who can look into the issue of the computation of the Customs duty to be adjusted from the sale proceeds in terms of provisions of Section 150(2)(c) and the ratio laid down in the judgment of Associated Container Terminal Limited (supra) can be made known to this Court so that the matter can be referred to him. 8. On behalf of th....