2010 (4) TMI 632 - HC - Customs

Refund - value realized from auction had been lesser than the market value and the same has already been refunded - assessee has purchased the silk yarn - silk yarn has been seized by the DRI Officers - the revenue has sold the goods in public auction Held that - appeal is allowed in part without answering the substantial questions of law as we have decided this case on the facts of this case.

Summary

Issues:
1. Appeal against CESTAT order directing refund of Mahazar value.
2. Reliance on previous case law for refund of CIF value.
3. Competency of CESTAT to award market price of confiscated goods.

Analysis:
1. The appeal was filed against the CESTAT order directing the department to refund the Mahazar value of goods that had been disposed of through auction. The appellant contended that the value realized from the auction was less than the market value, which had already been refunded. The court considered the facts of the case, where the goods were seized from the respondent and sold in an auction. The respondent claimed a refund based on the actual value paid for the goods. The court found that the respondent had paid a specific amount for the goods and that there was no escalation in price, concluding that the respondent was entitled to the actual value paid, not the market value. Therefore, the court allowed the appeal in part, ordering a refund of the amount paid by the respondent for the goods.

2. The Tribunal's decision was challenged based on its reliance on a previous case law regarding the refund of CIF value of imported goods instead of Mahazar value. The court examined the circumstances of the case and the applicability of the previous judgment. It was noted that the respondent had purchased the goods from a cooperative society by paying a specific amount, and there was no evidence of price escalation or decrease. The court held that the respondent was entitled to the actual value paid for the goods, as determined at the time of purchase. Therefore, the court did not address the issue of reliance on the previous case law, focusing instead on the specific facts of the current case.

3. The competency of CESTAT to award the market price or Mahazar value of confiscated goods, amounting to compensation not provided in the Customs Act, was also questioned. The court considered the authority of CESTAT to determine the value of confiscated goods and award compensation. In this case, the court found that the respondent was entitled to the actual value paid for the goods, rather than the market value or Mahazar value. Therefore, the court did not delve into the issue of CESTAT's competency to award such compensation, as the decision was based on the specific facts and payment made by the respondent for the goods.