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2013 (6) TMI 245 - HC - CustomsRefund of amount recovered during search and seizure - Detention of containers lying at ICD - held that:- applying the principles enunciated by the Hon'ble Apex Court in Godavari Sugar Mills Limited's case (2003 (12) TMI 584 - SUPREME COURT OF INDIA), it could not be said that writ petition was not maintainable. It is trite law that unless a demand, which is finalized and is existing which is liable to be discharged, the revenue cannot retain any amount unless there exists specific provision in the statute for the retention of the amount. Revenue directed to retain an amount of ₹ 2 Crores to safeguard its interest for being adjusted against any liability that might be created on the basis of investigations and/or show cause notice issued to the petitioners and return the balance amount of ₹ 8 Crores within a period of two weeks from the date of receipt of certified copy of the order. - Partly decided in favor of assessee.
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