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2023 (10) TMI 122 - CESTAT NEW DELHISeeking stay of disposal of seized ‘gold dore bars’ - gold in question has requisite purity of less than 95% or not - HELD THAT:- There are contradictory reports about the purity of 27 number of ‘gold dore bars’ in question. It is pertinent to note here that ‘gold dore bars’ should have the purity of less than/ upto 95% while being imported. The reports on record are observed to be both ways, i.e. less than 95% as well as more than 95%. In these circumstances, clause 2.4.3 of the guidelines for disposal of seized goods as produced by the department is relied upon. In the present case appellant is claiming it to be licensed importer of the ‘gold dore bars’ - Learned Authorised Representative has acknowledged that no reply has so far been received from the DRI with respect to the disposal of impugned seized gold. Also it is observed that the period of two months from the date of seizure, as is prescribed under the guidelines produced by the department, stands already expired. It is deemed necessary that the seized gold bar shall not be disposed of till further orders as may be passed. It is also held relevant that the impugned appeal be disposed of expeditiously. Application allowed.
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