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Thirumaran (Litigation Incharge)     29 April 2011

duty on confiscated good

My case is that there is an allegation that I have misdeclared the goods. I have not been allowed to clear and the customs have demanded penalty and duty and they have confiscated goods after observing principles of natural justice. CESTAT upheld the levy of duty, penalty and personal penalty and now matter is subjudice in High Court. In such a backdrop, since the goods are in the custody of the customs authorities, whether the customs authority can demand the payment of duty. I do not want to clear the goods till the disposal of High Court case. Highcourt has granted a stay only in respect of a portion of penalty and has stated that there is no stay with reference to the duty.

Any authorities in this regard. 







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