TMI Blog2017 (2) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... as been issued subsequent to the appropriation of the entire sale proceeds, the appellant has to proceed against the dealer independently, as no proceeds remain left with the CFS Agency - the attachment of the Bank Account of the first respondent for the dues of the dealer is unsustainable in law - appeal dismissed. - W.A. No. 47 of 2017 - - - Dated:- 25-1-2017 - Huluvadi G. Ramesh And Anita Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As there was no response from the second respondent, despite reminders, the first respondent herein sold the same to one M/s.New Golden Steels for a sum of ₹ 40,77,000/- vide E-auction dated 28.11.2014 and the first respondent herein had statutorily complied with the requirement of Section 150 of the Customs Act. 4. It is further seen that the petitioner herein has issued the impugned not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s thus: 150. Procedure for sale of goods and application of sale proceeds - (1)Where any goods not being confiscated goods are to be sold under any provisions of this Act, they shall, after notice to the owner thereof, be sold by public auction or by tender or with the consent of the owner in any other manner. (2)The proceeds of any such sale shall be applied -- (a)firstly to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period of six months from the date of sale of such goods or such further period as the Commissioner of Customs may allow, such balance of sale proceeds shall be paid to the Central Government.) 6. When the garnishee order has been issued subsequent to the appropriation of the entire sale proceeds, the appellant has to proceed against the dealer independently, as no proceeds remain left with t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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