Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2005 (9) TMI 421

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... R, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. Vide Order No A-1687/WZB/2004/C-I, dated 25-11-2004 [2005 (180) E.L.T. 233 (Tribunal)], this Bench had allowed the applicants appeal, setting aside the order of confiscation of the Indian currency belonging to the applicant, consequent to the said order, the Indian currency was required to be returned to the applicants. Pursua .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... /BZU/B/63/87/123, dated 27-9-2005 issued by one Mr V.K. Verma., Additional Commissioner of Customs (R I) Mumbai enclosing a letter of even No. dated 27-9-2005 from one Mr. Vinay Kumar Singh, Deputy Director, Directorate of Revenue Intelligence, Mumbai Zonal Unit, addressed to the said Additional Commissioner of Customs (P). Perusal of these letters, reveal that an appeal under Section 130 of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ard of Excise and Customs, as regards implementation of such orders, which are apparently not complied by the officers. In this case, the amounts involved are sufficiently huge to cause for grave financial hardship by delaying their return, after the confiscation order is not upheld. Therefore, we would consider that there has been a gross negligence on part of the Commissioner (Preventive), and a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... any orders of the CESTAT/Court, such orders will have to be complied with and it may be recoverable from the concerned officers. And bring the same to the kind attention of the concerned officers, which may be kept in mind by the officers as regards consequences of creating undue liability of interest by neglecting to implement the order of this Bench. 4. Application allowed with above direct .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates