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2015 (8) TMI 1115 - HC - CustomsRefund of amount against gold which was disposed off after seizure - Payment of Sum equivalent to Goods disposed – illegal import of gold - Tribunal directed release of gold of amount subject to payment of redemption fine, penalty and Customs Duty, said amount was deposited by Assesse – Admittedly revenue had disposed goods, therefore vide impugned order was directed to pay sum equal to goods – Held that:- evident that when goods were imported there were two claimants, out of which, by Tribunal’s order one party was directed to release goods upon payment of redemption fine, penalty and Customs Duty – In said circumstances assesse was bound to succeed because that led to anomalous situation of inconsistent orders in same matter – Admittedly Department choose to dispose of gold on 3-2-2006 – In said circumstances, direction that revenue should pay price of gold was fair and reasonable – Appellant/Revenue directed to pay sum with interest – Decided against revenue.
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