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2016 (9) TMI 358 - HC - CustomsConfiscation of goods - section 111 of the Customs Act, 1962 - option to pay redemption fine - section 125 of the Customs Act, 1962 - demand of duty and interest - Section 61(2) of the Act read with Section 72(b) of the Act - imposition of penalty - section 112 of the act - Extension of warehousing period - Section 61(1) of the Customs Act, 1962 - B/E Nos. 1 and 2 - confiscated goods vesting to the Central Government - Section 126 of the Act - auction of the goods - Held that: - payment of duty, interest and penalty made belatedly but before auction process. the Court permits the Department to encash the DD deposited by the auction purchaser, release the goods imported thereunder to the auction purchaser and issue the requisite sale confirmation. This is subject to the Department abiding by the further directions that may be issued by the Court at the time of disposal of this petition. It is made clear that GIL would have no right to seek the return of the aforementioned goods that are handed over to the auction purchaser. As far as B/E No.3 is concerned, the appeal preferred by GIL against the Order-in-Original dated 30th December 2014 is stated to be pending before the CCA. In terms of the Circular No. 711/4/2006 dated 14th February 2006 issued by the CBEC, the Department had to seek the permission of the CCA before proceeding with the auction. Accordingly, the Court directs status quo in respect of the auction of the confiscated goods covered by B/E No. 3 to be maintained till such time the CCA passes appropriate orders in relation thereto. Petition to be placed before the Hon’ble the Chief Justice for being listed before a Larger Bench
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