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TMI Blog2010 (4) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... : - appeal is allowed in part without answering the substantial questions of law as we have decided this case on the facts of this case. - 1 of 2009 - - - Dated:- 9-4-2010 - K.L. Manjunath and B.V. Nagarathna, JJ. REPRESENTED BY: S/Shri Raghavendra B. Hinger for N.R. Bhaskar, Advocates, for the Appellant. Shri K. Parameshwaran, Advocate, for the Respondent. [Judgment per: K.L. Manju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and empowered to award the market price/mahazar value of the confiscated goods, which amounts to awarding compensation not provided in the Customs Act, 1962? 2. The facts of the case are hereunder: On credible information received by DRI Officers, Bangalore, certain silk yarn belonging to the respondent-assessee was seized from the premises of M/s. Patel Angadia Co. Pvt. Ltd. Thereafter a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition came to be dismissed as having become infructuous. The respondent-assessee filed an application for refund of the value of the goods sold by the appellant. In the mahazar, the value of the goods was shown as Rs. 15,59,600/- as market value. The claim of the assessee was rejected by the assessee by the revenue and held that the assessee is entitled for refund of Rs. 10,90,406/- which amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has purchased the goods from a cooperative society by paying the value of the goods by means of an account payee cheque. The value of the goods purchased by the respondent-assessee is not in dispute. Actually, the assessee had purchased the silk yarn on 7-9-1999. The silk yarn has been seized by the DRI Officers. It is not the case of the assessee that there was escalation in the price of silk yar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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