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TMI Blog2017 (6) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... icating authority to quantify the interest amount at the prescribed rates - appeal allowed by way of remand. - C/40425/2013 - 40675/2017 - Dated:- 8-5-2017 - Smt. Archana Wadhwa, Judicial Member Shri T. Ramesh, Advocate for the appellant Shri B. Balamurugan, AC (AR) for the Respondents ORDER After hearing both sides represented by Shri T. Ramesh, Advocate and Shri B. Balamurugan, AC (AR), I find that a very short issue is involved in the present case. In the year 2000, 70 Nos. of Gold Bars of 10 tolas each weighing totally 8155 grams were seized by the DRI from the appellant's possession and after due process of adjudication, the same were confiscated by the order of the original adjudicating authority. When the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In our view, the appellants have to consider as to whether interest is payable on the goods confiscated by them. Prima facie, it appears to us that in the instant case in hand, the respondent would be entitled to at least some interest. Be that as it may, it is for the appellants to decide that question and then refund the amount together with interest, if any, within the time specified by the learned single judge. The writ appeal thus stands disposed of. There shall be no order as to costs. Consequently, M.P.No.1 of 2010 is closed . 6. In the light of the above directions of the Hon ble High Court, the matter for interest claim was again taken up by the first adjudicating authority and was rejected. On appeal, the Commissioner ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of K.P. Abdul Majeed Vs. UOI - 2009 (247) ELT 119 (Bom.), wherein it was held that the petitioner was entitled to interest on the refund of seized and confiscated Indian currency. 9. In as much as the said decisions were not before lower authorities, who did not go through the same, I deem it fit to set aside the impugned order and remand the matter to the original adjudicating authority to quantify the interest amount at the prescribed rates in the light of the above decisions of the High Courts. In as much as it is an old case I expect the adjudicating authority to complete the denovo proceedings as soon as possible and preferably within three months from the date of this order. Appeal is disposed of in the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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