9911796707
TMI Blog2018 (8) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... LINDA.M. J. For The Respondent : SRI.SREELAL N. WARRIER, SC, SRI.RAMAVARMA REGHUNATHAN THAMBURAN, SC, SRI.SANDEEP GOPALAKRISHNAN And SMT.JINNU SARA GEORGE JUDGMENT When this writ petition was filed, the factual position involved was that gold weighing 4346.890 gms., confiscated through Ext.P4 order issued by the Commissioner of Customs/first respondent herein, was refused to be released to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent is being filed without prejudice to the right of the respondent to file a detailed counter affidavit if necessary in the matter. 3. The subject petition is filed for modifying the order of release of 4346.890 grams of Gold which was allowed to be redeemed by the Customs, Excise and Service Tax Appellate tribunal (CESTAT) as per Exhibit P 7 order on payment of redemption fine of Rs. 4 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the High Court from every order passed in appeal by the Appellate Tribunal on or after the Ist day of July, 2003 (not being an order relating, among other things, to the determination of any question having a relation to the rate of duty of customs or to the value of goods for the purposes of assessment), if the High Court is satisfied that the case involves a substantial question of law. ... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Adjudicating Authority in Order -in -Original No. 01/2016-17 dt. 30.05.2016 on the subject gold proposed to be released to M/s Southern Gold may be transferred to the petitioner in addition to the duty/penalties already confirmed/imposed on him/his firm. 7. If the gold is released to the petitioner, the department will be left with no other avenue to realise the amount outstanding from M/s S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the afore-averments in the statement filed before this Court, without prejudice to their legal contentions. It goes without saying that this order will in no manner impede the petitioner's right to pursue the appeal No.C21358 of 2016 filed by them before the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, against Ext.P4 order of confiscation. This Writ Petition (Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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