SWADESH CHANDRA PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for a direction to refund the sum of Rs.22,48,675/- with interest which according to the petitioner was the market value of 817 gm of gold as on 27.06.2016, the date on which the petitioner had applied to the Customs Authorities for releasing the gold as per the decision of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT for short).

(2.) Brief facts are as under:

(3.) The department did not challenge the said order of the CESTAT before the High Court and the order thus became final. The petitioner thereupon applied to the Assistant Commissioner of Customs on 27.06.2016 and raised the refund claim of Rs.22,48,675/-. This was on the basis that his appeal was allowed by the Tribunal. The order of confiscation passed by the competent authority as confirmed by the Appellate Authority was no longer valid. The gold seized did not bear any markings. Return of the gold therefore may not be feasible. According to his calculation, going by the market rate of the gold as on the said date, total value of 817.700 gm would come to Rs.22,48,675/-.