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2001 (1) TMI 703

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..... n this miscellaneous application the applicant seeks rectification of mistake in the Order No. A-1935-Cal/2000, dated 27-11-2000 [2001 (137) E.L.T. 532 (T)] of this Bench of the Tribunal. 2. Shri Jyoti Agarwal, arguing himself, submits that in the appeal a prayer was made for a specific relief in the form of interest to be paid to him on the Indian currency of Rs. 33,500/- which was seized by th .....

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..... e submits that normally the Customs department does not keep the seized Indian currency in the Bank so as to earn interest. However, in this particular case he is not aware whether the seized currency has earned any interest. 4. I have carefully considered the pleas advanced from both the sides. It has been observed in the Tribunal s order dated 27-11-2000 that there is no evidence to show that .....

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..... aforementioned Tribunal s order dated 27-11-2000. The case law cited by him supports this view. Accordingly, I add one more paragraph in the Order No. A-1935/Cal/2000, dated 27-11-2000 [2001 (137) E.L.T. 532 (T)], as under :- 8. In view of the case law relied upon by the applicant, I direct that the amount of interest actually earned by the department, if any, shall be refunded to the applicant .....

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