Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case law/2014-15/2214

Whether customs duty payable if confiscated gold sold by revenue?

Case:-  JOINT SECRETARY, M.F. (D.R.) VERSUS RAMA SUBBA REDDY ARAVA

Citation:- 2013 (294) E.L.T. 537 (Mad.)

 
Brief facts:-The respondent herein was detained having been found in possession of five gold biscuits on 25-11-1996. Gold weighing 582.8 grams was seized under mahazar, by an order, dated 9-12-1996. The gold biscuits were confiscated and a penalty of Rs. 5,000/- was imposed on the respondent. An appeal was filed by him before the Commissioner of Police. The Commissioner of Police in and by the order, dated 28-8-1997, was pleased to allow the appeal, permitting the respondent to redeem the confiscated gold on payment of fine of Rs. 15,000/- apart from the penalty of Rs. 5,000/-. However, being aggrieved against the order of the Commissioner of Police, the department had preferred a revision. The revisional authority, in and by an order, dated 11-3-1998, was pleased to allow the revision by setting aside the order passed in appeal. Accordingly, the original order passed by the Additional Commissioner of Customs, dated 9-12-1996, was restored. The respondent filed a writ petition before this Court. This Court in W.P. No. 9976 of 1998, in and by the order, dated 13-7-2006, remitted the matter to the first appellant for fresh consideration. Final orders were passed on 11-10-2006 by the first appellant. The first appellant took a lenient view and taking note of the liberalised policy pertaining to the import of gold, an option was given under Section 125 of the Customs Act, 1962, to the respondent to redeem the gold as per the order of the Commissioner of Appeals. The said order had been passed while confirming the findings of the original authority. However, the appellants sold the gold in the interugnum on 9-9-1997. The said order was passed even before the order passed by the appellant No. 1, on 11-3-1998, in the earlier occasion. Instead of complying with the order of the appellant No. 1, out of the sale proceeds of Rs. 2,62,500/- a deduction of a sum of Rs. 1,65,408/- has been deducted towards the customs duty, apart from the penalty and fine payable by the respondent. Thereafter, the respondent has come before this Court challenging the order of the Appellant No. 3, dated 12-9-2007. Consequently, the respondent has also challenged the order of the Appellant No. 2, dated 11-10-2006. The learned single Judge has passed an order directing the appellants to pay a sum of Rs. 2,42,500/- after deducting the penalty and fine amount of Rs. 15,000/- and Rs. 5,000/- respectively. Challenging the same the present writ appeal has been filed.
 
 
Appellant’s contentions:-The learned counsel appearing for the appellants would submit that in law, the respondent is duty bound to pay the customs duty payable. While passing orders the first appellant had confirmed the findings of the original authority. The order was passed only as the concession and therefore, the respondent is bound to pay the customs duty, apart from the fine and penalty.
 
 
Respondent’s contentions:- the learned counsel appearing on behalf of the respondent would submit that it is an unfortunate case, wherein, even before the revision was allowed and during its pendency the appellants have sold the gold without any authority . The appellants committed a serious error in effecting the sale. In view of the action of the appellants the respondent has been put into severe financial constraints. The question of payment of customs duty was never an issue in all the proceedings. Only for the first time it has been raised and without even affording an opportunity the said amount is sought to be deducted. The learned single Judge has considered the entire materials availabe on record and came to the right conclusion. In support of the above, the learned counsel has made reliance on the decision given in the case of  Shabir Ahmed Abdul Rehman v. The Union of India and Others - 2009 (235)E.L.T.402 (Bom.).
 
Reasoning of judgment:- The facts narrated are not in dispute. Admittedly, the gold has been sold when the order passed by the Commissioner of Appeals in favour of the respondent, dated 28-8-1997 was in force. Merely, because a revision is pending the appellants ought not to have sold the gold. Be that as it may, the issue regarding the deduction towards the customs duty does not arise for consideration. Admittedly, the respondent has not been furnished with the gold. Therefore, there is no question of imposing the customs duty on the said respondent. Furthermore, the said plea has never been taken in any of the proceedings by the appellants. Considering the very same issue against the respondents, the Division Bench of the Bombay High Court in W.P. No. 2488 of 1998, dated 3-12-2008, has held as follows :
“11.The question then to be considered is, whether the petitioner is entitled to the sale proceeds after deducting duty, fine and penalty imposed upon the petitioner. Since the petitioner is seeking redemption of the confiscated gold, he cannot escape payment of fine and penalty. In fact, counsel for the petitioner offered to pay fine and penalty. As regards payment of duty is concerned, in our opinion, duty would be payable only if the gold was actually allowed to be redeemed. In the present case, what is being given is the sale proceeds and not the gold as such. In such a case, the question of paying duty in respect of the sale proceeds would not arise.”
Taking into consideration the facts and circumstances of the case and applying the ratio laid down by the Division Bench of the Bombay High Court in which the 1st appellant was one of the parties, we do not find any reason to interfere with the order of the learned single Judge as admittedly, the gold belonging to the respondent has been sold by the appellants and what is sought to be given is only the cash. In such view of the matter, they do not find any error in the order of the learned single Judge. Accordingly, they are dismissed. No costs.

Decision:- Appeal was dismissed.
 
Comment:- The analogy of the case is that deduction of Customs duty from sale proceeds of confiscated gold was not permissible as goods belonging to importer had been sold by Department and only cash was being given to them. The question of paying customs duty would not arise as the gold that was confiscated was not redeemed by the assessee and rather sale proceeds were being handed over to them after deducting the redemption fine and penalty. Moreover, the issue of customs duty was never raised before lower authorities and was raised in the Tribunal for the first time and so the same could not be considered. 

Prepared by:- Monika Tak

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com