9911796707
TMI Blog2025 (2) TMI 1122X X X X Extracts X X X X X X X X Extracts X X X X ..... toms area, the calculations shall be based on the value of gold on the date of such seizure. Concededly and in terms of the orders passed by this Court, the Petitioner has received the value of confiscated gold. The grievance of the Petitioner is that, he has paid Rs. 3.14 lakhs approximately in excess in view of the difference in the value of customs duty. However, what the Petitioner has not taken into account is that the Petitioner has received an additional amount. Since, the difference in the rate of gold in these 10 years was approximately Rs. 370/- for 10 gms., the value for 755.50 gms. of gold would be approximately Rs. 2.8 lakhs. Given this fact, the contention that the Petitioner recovered 3.14 lakhs less is incorrect. Conclusio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h silver grey colour and concealed in an unusual manner. These stapler pins were found to weigh 755.50 gms. of gold and were confiscated by the Respondent under the provisions of Section 110 of the Customs Act, 1962. 3. As stated above, it is the case of the Respondent that the Petitioner was intercepted by the Customs Officer near the exit gate of the arrival hall and after the search of his baggage at the green channel, 755.50 grams of gold was recovered from him. 4. Pursuant to an adjudication, a penalty was imposed on the Petitioner. The Petitioner challenged the adjudication and by an order dated 10.04.2018, the Petitioner was allowed to get the confiscated gold redeemed within 30 days upon payment of the redemption fine and the pena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9/- B. Customs duty charged by the Customs Department @4% as per Refund order enclosed. Rs. 17,39,271/- C. As per law Customs duty to be Charged @ 36.05% i.e. on the date of Arrival of the pax evident from the Baggage receipt 071 dated 04.05.2018 Rs. 14,25,016/- D. Excess customs duty charged by the Customs refund section Rs. 3,14,255/- 9.1 Learned Counsel for the Petitioner also submits that the value of the customs duty should be as of the date of seizure and not as of the date of payment. 10. Learned Counsel for the Respondent on the other hand submits that the prayers in the Petition already stand satisfied pursuant to the refund of the payment made by the Respondent on 27.06.2023. He further submits that by an order dated 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id Salim v. Commissioner of Customs (Airport and General) (2024) 133 GSTR 529 wherein, after referring the aforesaid Instructions, the Court has given an observation that the Instructions lay down a fair and logical premise of the valuation of the gold article based on the tariff value of the gold as on the date of transfer of the gold. 11. It is apposite to extract Instruction No. 22/2022-Customs, more specifically paragraph 3.1.1, which is set out below: "3. The Board has examined the matter in consultation with RBI and SPMCIL. Accordingly, the following additional instructions are issued for disposal of gold in terms of Instruction No. 27/2021-Customs dated 03.12.2021. 3.1. Determination of amount of sale proceeds of gold while refu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the customs area, the calculations shall be based on the value of gold on the date of such seizure. 12. Concededly and in terms of the orders passed by this Court, the Petitioner has received the value of confiscated gold. The grievance of the Petitioner is that, he has paid Rs. 3.14 lakhs approximately in excess in view of the difference in the value of customs duty. However, what the Petitioner has not taken into account is that the Petitioner has received an additional amount. Since, the difference in the rate of gold in these 10 years was approximately Rs. 370/- for 10 gms., the value for 755.50 gms. of gold would be approximately Rs. 2.8 lakhs. Given this fact, the contention that the Petitioner recovered 3.14 lakhs less is inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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