9911796707
TMI Blog1993 (8) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... press this petition. The same is accordingly dismissed. 2. Miscellaneous Application 129/93 is filed by the applicant praying that the market value of Rs. 1,08,750/- for 4,350 pcs of garments at the rate of Rs. 25 per piece may be ordered to be paid by the department. The Tribunal, in terms of Order No. A-768/Cal/92 dated 2-11-1992, ordered that the above pieces of garments numbering 4,350 be returned to the applicant. If those had already been sold, they may be paid the market price of the goods as on the date of the order, which is 2-11-1992, and orders may be passed accordingly. But the Officers did not determine the market price of the goods as on the date of the order. They determined the same on 17-5-1993. In so determining the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on the decision of the Supreme Court in AIR 1962 SC 527 held that the inherent power of the Tribunal is not one which is conferred on it but is as power inherent in the Tribunal by virtue of its duty to do justice between the parties. Accordingly, on the facts and circumstances of the case, it is seen that at the time of seizure of the goods, the appellant had declared the price of the seized garments. The declared price by the appellants was Rs. 22,000 but the department assessed the ready-made garments which are seized in this case as valuing at Rs. 2,50,000/-. According to the department s calculation, each piece was costing Rs. 20.50 N.P. Thus, the appellant was entitled to get the release of 4/350 pieces out of the seized garments. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the contract price as the market value of the goods. In this particular case, instead of contract price the equivalent price available is the price which was ascertained by the department itself at the time of seizure of the goods. On the same analogy of the principles laid down by their Lordships of the Supreme Court in the above-said decision, we hold that in the facts and circumstances of this case, the market price is to be determined as the price of the goods in question which was determined by the department at the time of seizure itself, which is a sum of Rs. 1,66,170. Relying on the above-said decision, we hold that in the facts and circumstances of this case, it can safely be accepted that the value determined by the authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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