2014 (11) TMI 1145 - HC - Customs

Valuation - seizure of Gold - Held that - the Commissioner of Customs (Preventive) directed the appellant herein, to refund the said sum of ₹ 26,24,867/- to the respondent within two months from the date of presentation of a copy of this order downloaded from the official website of this Hon ble Court to be obtained and served by the respondent on the appellant - the department that the department would refund the value of the said eight pieces of gold biscuits weighing 933.12 gms as on 7.3.2012 - demand upheld.

Summary

Issues: Appeal against judgment on withholding seized goods and refund of deposited amount

Analysis:
The appeal was filed by the appellant/department challenging the judgment passed by the Single Judge in a writ petition. The Single Judge had directed the concerned authority to hand over the seized goods or their equivalent value to the petitioner and reimburse the deposited amount with interest. The High Court found that the department's arguments were not persuasive. The parties provided information on the gold's value, and the department confirmed the market value. The High Court directed the Commissioner of Customs to refund the specified amount to the respondent within two months from the date of presenting a copy of the order. The department was also instructed to refund the pre-deposit amount with interest. Failure to make the payments within the stipulated time would attract additional interest. The High Court confirmed the impugned order with modifications, directing the appellant to comply with the refund directives. The appeal and application were disposed of accordingly.