Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Sri Chandra Kant Soni Versus Commissioner of Customs (Prev.) , West Bengal, Kolkata And Vice Versa

2017 (5) TMI 802 - CESTAT KOLKATA

Confiscation - seizure of gold bars - notice u/s 150 of the CA, 1962 - Held that: - section 150 states that where any goods, not being confiscated goods, are to be sold after notice to the owner of the goods following the procedure as specified therein - the seized Gold was released on payment of Redemption Fine and penalty along with Customs duty payable thereon. Therefore, the provisions of section 150 would not be applicable herein as the goods were confiscated by the Authority. - Board s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

7 - Dated:- 12-5-2017 - Shri P.K. Choudhary, Member(Judicial) Shri Arijit Chakraborty, Advocate for the Party Shri K.C.Jena, Addl.Commr.(AR) & Shri S.K.Naskar, AC(AR) for the Revenue ORDER Per: Shri P. K. Choudhary Briefly stated the facts of the case are that the Customs officers of P & I Branch intercepted Shri Chandra Kant Soni on 03.09.2003 at Howrah Railway Station and recovered 1 kg. of Gold Bar from him. By Order-in-Appeal dated 31.12.2009, the Commissioner(Appeals) released 1 kg. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

wed Refund of ₹ 11,15,904/-, after adjusting the amount of ₹ 77,250/-, as sale proceeds of one kg. Gold. By the impugned order, the Commissioner(Appeals) held that if the department has not put Sri Soni to notice under section 150 of the Customs Act, 1962, then the amount payable will have to be determined in terms of the Hon ble Calcutta High Courts decision in the case of Union of India and Others v. Shambhunath Karmakar & Others [1986 (26) ELT 719 (Cal.)] (i.e. market value of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ent of the owner in any other manner. The proceeds of any such sale shall be applied - (2) (a) firstly to the payment of the expenses of the sale, (b) next to the payment of the freight and other charges, if any, payable in respect of the goods sold, to the carrier, if notice of such charges has been given to the person having custody of the goods, (c) next to the payment of the duty, if any, on the goods sold, (d) next to the payment of the charges in respect of the goods sold due to the person .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f Customs or Commissioner of Customs] may allow, such balance of sale proceeds shall be paid to the Central Government.] 4. On plain reading of Section 150, it is clear that where any goods, not being confiscated goods, are to be sold after notice to the owner of the goods following the procedure as specified therein. In the present case, on perusal of the order dated 19.07.2010 of the Assistant Commissioner, it is evident that the seized Gold was released on payment of Redemption Fine and penal .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version