Vijay Kumar Choudhary v. The Union Of India Through The Chief Commissioner Customs Central Excise And Service Tax Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.215 of 2016 ====================================================== Vijay Kumar Choudhary M/s Shiv Shakti Carriers and Cargo, A-9, DDA Flats, Mata Sundari Road, New Delhi - 110002, presently residing at C - 140, 3rd Floor, Jawahar Park, Devli Road, Khanpur, Near Sai Baba Mandir, New Delhi - 62.

... ... Appellant/s

Versus

1.

The Union Of India Through The Chief Commissioner Customs Central Excise and Service Tax Patna and 2.

The Commissioner of Customs, Central Revenue Building, Birchand Patel Path, Patna.

3.

The Commissioner Appela, Customs, Central Excise and Service Tax, Patna, C.R. Building, B.C.Patel P 4.

The Additional Commissioner Adjudication, Customs Head Quarter, Patna. 5.

The Assistant Commissioner Preventive, Customs Preventive, Customs Head Quarter, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shri Prakash Tiwari, Advocate For the Respondent/s :

Mr.Anshuman Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-08-2022 This appeal is directed against the order dated 21.08.2015, passed by the Customs, Excise & Service Tax Appellate Tribunal, Eastern Zonal Bench, Kolkata in Customs Appeal No. C/75747/2014, which was communicated to the Appellant on 02.09.2015 is being assailed only to the extent whereby and where under the Ld. Tribunal has been pleased to direct the Customs Authorities that the Sale Proceeds other than

Patna High Court MA No.215 of 2016(3) dt.22-08-2022 2/2 388pcs. Of Mobile Phones i.e. 3049 pcs. Be also released in favour of the Appellant instead of issuing a direction to pay to the Petitioner the Seizure value of the same i.e. 32,91,788/- with 12% interest from the date of its seizure till the date of its final payment.

Learned counsel for the petitioner, under instructions, states that the petition may be permitted to be withdrawn. Prayer allowed.

Petition is disposed of as withdrawn.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/-DKS U