2003 (4) TMI 114

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..... ndent to pay the interest of Rs. 1,47,798/-. 2.The facts giving rise to the present writ petition are as follows : On 27-11-1989 the authorities under the respondent had seized Indian currency Notes worth Rs. 4,25,000/-. Subsequently, the Commissioner of Customs passed an order for confiscation of gold bars and currency notes and imposed a penalty of Rs. 1,00,000/-. The petitioner carried the ma .....

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..... month from the date of receipt of this order. Subsequently, the Department after adjusting the pre-deposit amount of Rs. 25,000/- towards penalty and further adjusting the balance sum of Rs. 75,000/- payable towards penalty, refunded a sum of Rs. 3,50,000/- along with a further sum of Rs. 33,278/- towards interest. Subsequently a petition was filed by the petitioner contending that the interest sh .....

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..... bunal had directed for payment of the amount along with interest at the rate of 12% per annum. It must be construed that at least from the date of disposal of the appeal interest on Rs. 4,25,000/- should be calculated. The liability to pay the amount arose on the date when the appellate order was passed if not earlier and there was no justification for the respondents to retain the money thereafte .....

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