2003 (7) TMI 426

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... der per : S.S. Kang, Member (J)]. - Appellants filed this appeal against the adjudication order whereby the amount of Rs. 69.03 lakhs was confiscated under Section 121 of the Customs Act, 1962. 2. Brief facts of the case are that the appellants purchased the goods imported by M/s. Associated Industries for Rs. 5,35,23,958/- and paid only  Rs. 4,66,20,969/-, the balance of Rs. 69,02,96 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... crores to the seller of the goods. The appellants were not aware of the fact that the goods were imported in contravention to the provisions of Customs Act or the goods were smuggled in nature. Therefore, the amount deposited by the appellant cannot be confiscated. 5. Learned SDR appearing on behalf of the Revenue submitted that the goods were imported against non-existence advance licence a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ld to the present appellant. The amount in question is in respect of sale proceed of the goods which were smuggled by M/s. Associated Industries. We are concerned with the sale proceed which definitely are in respect of the sale of smuggled goods. Therefore, the Commissioner rightly confiscated the amount in question under Section 121 of the Customs Act. The appeal is dismissed.
Case laws, Dec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X