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2020 (3) TMI 770 - AT - CustomsAbsolute Confiscation - import of marble - restricted goods - DGFT Policy Circular No. 37 (RE-08) 2004-2009 dated 31/10/2008 - Section 48 of the Customs Act, 1962 - ground that the imported goods have already been disposed off during the pendency of appeal has no relevance to the payment of Redemption Fine - HELD THAT:- Once confiscation of the goods is held to be valid in any proceedings, the property in the goods is vested in the Government and the sale proceeds being the total consideration of such property, as a natural corollary such sale proceeds will represent the confiscated goods. Once the confiscated goods allowed to the redeemed on a redemption fine, the sale proceeds which represent the goods, will be paid to the importer only after deduction of such fine. Thus, the redemption fine is to be charged from the importer while releasing the goods, the same also needs to be recovered from the sale proceeds which represent the consideration of the property. However, in view of the contradicting decisions on the matter at hand by the benches of the Tribunal, we refer the matter to Larger Bench on the issue “whether the redemption fine and penalty, if any, imposed in the adjudication order needs to be recovered from the sale proceeds, if the confiscated goods are sold/disposed of by auction during the pendency of appeal”. Appeal disposed off.
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