Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

HC ruled customs authorities improperly disposed of 1065.10 ...


Customs Must Pay Market Value After Improper Disposal of 1065g Gold Without Notice to Owner

February 18, 2025

Case Laws     Customs     HC

HC ruled customs authorities improperly disposed of 1065.10 grams of detained gold without adequate notice to petitioner. The department's undated communication lacked proof of delivery and proper authentication. Finding the disposal contrary to law, including Circular dated September 6, 2022, the court determined all subsequent actions by customs (redemption fine, penalty, duty deductions) were untenable. Petitioner entitled to full current market value of gold, payable within three weeks, with Rs. 1,00,000 penalty for late payment. The disposal process violated procedural requirements and petitioner's rights, rendering customs department's entire handling of the matter legally deficient. Court directed CBIC's OSD (Legal) for compliance.

View Source

 


 

You may also like:

  1. Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver - The amendment Notification No. 29/2024-Customs (N.T.) updates the tariff values for...

  2. Smuggling of Gold - Illegal importation into India - service of SCN - seized material not being perishable, being gold bars, there was no reason for the Respondents to...

  3. Reopening of assessment u/s 147 for assessing Long Term Capital Gain on sale of land in Financial Year 2005-06. Assessing Officer (AO) adopted full value consideration...

  4. A recent notification by the Ministry of Finance, Department of Revenue, amends tariff values for various goods under the Customs Act, 1962. The notification replaces...

  5. The Ministry of Finance, u/s 14 of the Customs Act, 1962, issued Notification No. 43/2024-CUSTOMS (N.T.) on 14th June, 2024, amending tariff values for various goods...

  6. The Ministry of Finance, Department of Revenue, u/s 14 of the Customs Act, 1962, amended tariff values for Edible Oils, Brass Scrap, Areca Nut, Gold, and Silver. New...

  7. CBIC exercised powers under Section 14(2) of Customs Act 1962 to revise tariff values for specified commodities. New values effective February 1, 2025, include: Crude...

  8. Deduction u/s 80IA - Where a basket of "market values" are available for the relevant period and relevant geographical area where the eligible unit is situated, the...

  9. Smuggling - Gold bars - concealment in the baggage - the applicant crossed the green channel without declaring the impugned articles in his possession in the Customs...

  10. Refund claim of market value of gold - Here is the case where the departmental action of confiscation of seized goods came to be set aside by the CESTAT but by the time...

  11. HC determined that absolute confiscation of undeclared gold carried by travelers without offering redemption option violates customs regulations. While gold import is...

  12. CESTAT, an Appellate Tribunal, addressed the valuation of imported goods (ball valves/check valves/cartridges of brass). The rejection of declared value and...

  13. Addition u/s 56 (2)(viib) - Valuation of shares - Faire Market Value (FMV) - the assessee has himself filed a valuation certificate before AO and accepted fair market...

  14. This case deals with the valuation of 'rough diamonds' imported into India and the subsequent discrepancy between the declared value and the reassessed value by customs...

  15. This notification from the Central Board of Indirect Taxes and Customs, issued u/s 14(2) of the Customs Act, 1962, revises the tariff values for certain imported goods....

 

Quick Updates:Latest Updates