2012 (2) TMI 146 - AT - Customs

Interest on the refund amount of pre-deposit and sale proceeds of confiscated goods order for absolute confiscation of gold bars on 22.05.98 Commissioner (Customs) vide order dated 11.12.01 permitted for release of 21 gold biscuits in de-novo proceedings gold bars being sold by Department on 09.03.01 Held that - In view of decision in case of Miles India Ltd. Vs ACC (1984 - TMI - 41925 - Supreme Court Of India) holding that the authorities created by a statute are governed by the provisions of statute, it is laid down that in as much as there is no provision regarding payment of interest in respect of sale proceeds of confiscated goods, the same cannot be ordered. Since Commissioner has not given any finding regarding interest on refund of pre-deposit, matter is remanded back to the Appellate Authority Decided partly in favor of Revenue.

Summary

Issues:
1. Confiscation of gold bars and imposition of penalty.
2. Challenge of the order before the Tribunal and subsequent proceedings.
3. Refund of pre-deposit amount and interest on the same.
4. Interest on the sale proceeds of confiscated goods.

Analysis:
The case involved the confiscation of gold bars from a residential premises and the subsequent imposition of a penalty. The original order directed absolute confiscation of the gold bars and imposed a penalty of Rs.50,000. This order was challenged before the Tribunal, leading to a stay order requiring the deposit of Rs.50,000. Eventually, a final order set aside the confiscation and penalty, permitting the release of 21 gold biscuits without imposing any penalty. The Revenue's appeal against this decision was dismissed. The appellants then sought a refund of the pre-deposit amount, which was granted after the proceedings concluded.

Regarding the interest on the refund of the sale proceeds of the confiscated goods, the Commissioner referenced a Tribunal decision stating that there is no provision for granting such interest. This decision was supported by a Supreme Court ruling emphasizing that statutory authorities are bound by the provisions of the statute. The Tribunal agreed with this position, leading to the rejection of the appellant's appeal on this ground.

However, concerning the interest on the refund of the pre-deposit amount, the Commissioner did not provide a finding on this matter and rejected the appeal solely based on the interest on the sale proceeds issue. Due to this lack of a decision, the Tribunal deemed it appropriate to remand the issue to the Appellate Authority for a proper determination after considering the judgments relied upon by the appellants. Consequently, the appeal was partly rejected and partly remanded for further consideration.