COLLECTOR OF CUS Vs. SRI MANCHUKONDA SREERAMULU

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS is a reference made under the Gold (Control) Act, 1968 (for brevity 'the Act') to answer the following question:

(3.) RECORD discloses that on 24 -12 -1989 there was a search of the business and residential premises of the assessee and gold was seized. On 4 -6 -1990, a show cause notice was given according to the Revenue in terms of Section 71 of the Act, for confiscation of gold. On 6 -6 -1990 the Act was repealed by Gold (Control) Repeal Act, 1990. The Gold (Control) Repeal Act, 1990 did not have saving clause. Though the notice under Section 71 was issued by the Collector on 4 -6 -1990, the order was not passed before 6 -6 -1990 when the Act was repealed. The order of fine in lieu of confiscation was passed in terms of Section 71 of the Act and in the appeal to the Tribunal, the order was set aside on the ground that the Act had been repealed and the repealed rules did not have any saving clause.