TMI Blog2019 (5) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... and, at best, the same would fetch the market price. In this case the value of the goods has already been determined as reflected in the orderinoriginal and hence, in case of absolute confiscation of goods, the applicant may be entitled to recover the entire value of the goods from the respondent. When the respondent has succeeded before the Tribunal and rough diamonds are otherwise freely importable and are duty free, the court is of the view that a case of absolute stay of the order of the Tribunal has not been made out. However, to protect the interest of the revenue, the goods may be permitted to be released subject to certain conditions. Application allowed in part. - CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/TAX APPEAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Certificate (KPC) and that the respondent has failed to show that the diamonds in question have been imported on the basis of KPC and hence, the same are liable to absolute confiscation. It was submitted that the orders on which the respondent seeks to place reliance were the cases where the seized goods were gold or jewellery, whereas in this case, the rough diamonds have not been imported under a KPC and if any goods are imported contrary to any condition imposed under law, then the adjudicating authority has the discretion to absolutely confiscate the goods. It was emphatically argued that no credibility is attached to the respondent and if the seized goods are released, it will result into an irreversible situation. It was furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not harmful goods and have no impact on the society. Moreover, rough diamonds are freely importable and are not dutiable. According to the learned advocate, the violation committed is not so grave that the respondent should be deprived of his property and, therefore, redemption may be allowed subject to conditions. It was submitted that today there is an order of the Tribunal in favour of the respondent and therefore, the applicant be directed to release the goods subject to such conditions as may be deemed fit by the court. 5.1 The attention of the court was invited to two orders passed by this court: (i) in Tax Appeal No.62 of 2018 in the case of Commissioner of GST and Central Excise, Surat v. Dharmesh Pansuriya , wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal of the respondent against the orderinoriginal. Therefore, as on date there is an order of the Tribunal in favour of the respondent. This court, after hearing the learned advocates for the respective parties has found merit in the appeal and has admitted the same by framing substantial question of law. 7. At this stage, the question that arises for consideration is, whether the applicant has made out a case for staying the impugned order or whether the seized goods can be ordered to be released subject to certain terms and conditions. Insofar as the contention that if the order of absolute confiscation is upheld by the court, the goods would not be available for confiscation is concerned, in any case, even if there i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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