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2020 (7) TMI 186

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..... directing the respondents to forthwith (i) grant refund of deposit of Rs. 11,70,865 made by the Petitioner No.1 vide TR-6 challan dated 07.11.2012 and pre-deposit of Rs. 1,50,000 made by the Petitioner No.2 vide TR-6 challan No. 199 dated 20.06.2018 along with interest as applicable; (ii) Defreezing of Current Account No: 52905086356 held by the petitioner No.1 in Standard Chartered Bank, Karol Bagh Branch; and (iii) release goods seized from the Petitioner No.1 on 16.03.2012 and recorded vide Panchnama dated 19.09.2012 and Supurdaginama dated 16.03.2012 and 19.09.2012, in furtherance with the Final Order No.51676-76/2019 dated 23.12.2019 passed by the Customs, Excise And Service Tax Appellate Tribunal, New Delhi In Appeals No.E/52186-5218 .....

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..... pproached CESTAT by way of an appeal and CESTAT allowed the appeal of this petitioner vide order dated 23.12.2019 (Annexure-P4 to the memo of this writ petition). In view of the fact that the appeal preferred by this petitioners was allowed by CESTAT vide order dated 23.12.2019 and as much time has lapsed thereafter, the present petition has been preferred with the reliefs mentioned above. 6. In view of the reliefs prayed, the following three grievances are ventilated by the petitioners: (i) For refund of the amount of Rs. 11,70,865/- deposited by Petitioner No.1 vide TR6 Challan dated 07.11.2012 and refund of Rs. 1.5 lakh deposited by Petitioner No.2 vide TR6 Challan No.199 dated 20.06.2018 along with interest in accordance with law. .....

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..... itted by the counsel for the respondents that the goods in question were seized after the search was carried out much earlier in time, i.e., on 30.03.2012 and the said goods were kept in custody of the manager of the petitioner No.1, i.e. in the custody of Mr. Ajit Singh. It appears that there is some unlawful activity by unknown persons and an FIR has also been lodged against Mr. Ajit Singh. Thus, the matter is pending before the concerned Trial Court on criminal side in Delhi and therefore an application has to be preferred by the petitioners for the release of the goods in accordance with the provisions of the Code of Criminal Procedure, 1973. Learned counsel for the Petitioners submitted that the petitioners may be permitted to prefer s .....

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