TMI Blog2008 (11) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... bandoned goods and appropriated its proceeds - 1 and 2 of 2003 - - - Dated:- 7-11-2008 - J.B. Koshy and Thomas P. Joseph, JJ. Shri Chacko George, for the Petitioner Smt. I. Sheela Devi, Addl. CGSC, for the Respondent. [Judgment per : J.B. Koshy, J.].- A company named M/s. Toshiba Anand Batteries Ltd. was ordered to be wound up by the Company Court by order dated 5-11-1996 in Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment sold the two consignments of bonded materials, on different dates, for an aggregate sale value of Rs.18,75,000/- and it was retained by the customs authorities. The Official Liquidator filed C.A. No. 490/97 for transfer of above amount of Rs.18.75,000/- to himself as part of the assets of the company. The Assistant Collector of Customs preferred a claim of Rs.1,08,03,735/- for customs duty an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod, the owner cannot claim for the goods or its value. Therefore, we agree with the company court in dismissing C. A. No. 490/97. But, the Company Court allowed the claim of the customs department to the tune of Rs.13,61,099/- more than the amount admitted by the Official Liquidator which represents the duty on the above goods. We are of the opinion that after appropriating the value of the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms duty on that goods (43 MT of zinc callots) than that was allowed by the Official Liquidator. With regard to 50 MT zinc callots in the custody of Cochin Sub Court, claim can be filed only after disposal of the case pending in the Sub Court as ownership of the goods in question is still in dispute. Company court went wrong in allowing the claim of the customs authorities to the extent of Rs.13 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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