Destruction of confiscated goods by Explosives Department: Kerala HC directs Customs Dept to process refund [Read Order]
Customs Department – Explosives Department – Destruction of confiscated goods – TAXSCAN
Customs Department – Explosives Department – Destruction of confiscated goods – TAXSCAN
The Kerala High Court recently directed the Customs Department to process refund after the destruction of confiscated goods by the Explosives Department.
The present writ petition has been filed to issue a writ of mandamus or any other writ order or direction, directing the 1st respondent to refund the total amount of Rs.7,02,692 along with interest and to cancel the bond executed by the petitioner, Shaji KA.
Another prayer in the writ petition was to order or direction directing the respondents to destroy the confiscated goods and refund the balance of the excess duty and deposit paid by the petitioner, after deducting the actual cost of destruction of the confiscated goods within a time frame fixed by the Court.
The Standing Counsel for the Customs Department submitted that, as per his instructions, the confiscated goods have been destroyed by the State Government’s Explosives Department. He further submits that the cost for destroying those confiscated goods is to be assessed and deducted from the refund claimed by the petitioner.
A Single Bench of Justice Dinesh Kumar Singh observed that “Considering the fact that the claim for refund of the petitioner in terms of the order passed by the Settlement Commission has not been processed only because of non-destruction of the confiscated goods by the Explosives Department, and now that the confiscated goods have been destroyed, the 1st respondent is directed to process the claim of the petitioner for refund. “
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
