9911796707
TMI Blog2006 (1) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The issue involved in the present appeal is refund claim of Rs. 24,75,700/- (Rupees twenty four lakhs seventy five thousand seven hundred only) which was seized by the DGAE officers during the course of search of the factory premises of the appellant. Along with the seizure of said Indian Currency, other documents were also s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellant before the Tribunal. 2. Before the above appeal was decided by the Tribunal, Kar Vivad Samadhan Scheme came into existence. The appellant availed the same and filed the declaration before the designated authority, which was accepted by the said authority. However, as regards the Indian currency, the appellant did not file any declaration but submitted that the refund of the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould only be available through appeal before CEGAT. (ii) that in view of availment of the benefit under KVSS, the appellants have forfeited their right to claim the benefit of their appeal before CEGAT. (iii) that even in the order under KVSS, the appellants request to adjust the said currency amount against the duty payable has not been accepted which obviously is for the reason that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ettlement. As such, the order of the Commissioner confiscating the Indian currency with an option to the appellant to redeem the same on payment of redemption fine attained finality. As such, the appellant cannot claim the refund of the same later on. Once an adjudication order is passed, the same is required to be set-aside for an assessee to claim the consequential relief. Inasmuch as, the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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