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2012 (2) TMI 146 - CESTAT, NEW DELHI
M/s Balaji Enterprises Versus CC, Jaipur
Interest on the refund amount of pre-deposit and sale proceeds of confiscated goods – order for absolute confiscation of gold bars on 22.05.98 – Commissioner (Customs) vide order dated 11.12.01 permitted for release of 21 gold biscuits in de-novo proceedings – gold bars being sold by Department on 09.03.01 – Held that:- In view of decision in case of Miles India Ltd. Vs ACC (1984 - TMI - 41925 - Supreme Court Of India) holding that the authorities created by a statute are governed by the provisions of statute, it is laid down that in as much as there is no provision regarding payment of interest in respect of sale proceeds of confiscated goods, the same cannot be ordered.
Since Commissioner has not given any finding regarding interest on refund of pre-deposit, matter is remanded back to the Appellate Authority – Decided partly in favor of Revenue.