2020 (2) TMI 1412 - AT - Customs

Release of the seized betel nuts - appellant seeks to receive the sale proceed of impugned goods along with interest up to date in accordance with provisions of Section 129E of Customs Act 1962 - matter is pending for concurrence of acceptance by Chief Commissioner Patna - HELD THAT - Commissioner of Customs (Preventive) Lucknow is directed to handover the sale proceed of impugned goods to the appellant by 7th March 2020 along with interest applicable as per the provision of law. In case the amount is not received by 07 March 2020 by the appellant appellant is free to bring the fact to the notice of this Tribunal by moving a proper application. Application allowed.

Summary

Issues involved:
Release of seized goods during pendency of appeal, entitlement to sale proceeds and interest under Section 129E of Customs Act, 1962.

Analysis:
The appellant's appeal was allowed with consequential relief, but the seized goods were disposed of by Revenue during the appeal. The appellant sought the sale proceeds of the impugned goods along with interest under Section 129E of the Customs Act, 1962. The AR informed that the Revenue has decided to accept the final order, pending concurrence by the Chief Commissioner, Patna. After considering submissions, the Tribunal directed the Commissioner of Customs to hand over the sale proceeds to the appellant by a specified date along with applicable interest. The appellant was given the option to approach the Tribunal if the amount was not received by the due date, and the miscellaneous application was allowed accordingly.