Supreme Court of India
Shilps Impex vs Union Of India on 18 January, 2002
Equivalent citations: 2002(140)ELT3(SC), AIRONLINE 2002 SC 152, 2017 (11) SCC 499 (2002) 140 ELT 3, (2002) 140 ELT 3, (2002) 140 ELT 3 2017 (11) SCC 499, 2017 (11) SCC 499
Bench: B.N. Kirpal, K.G. Balakrishnan
ORDER
1. Delay in filing counter affidavit is condoned.
2. After hearing the Counsel for the parties, it is quite evident that the petitioner-firm was entitled to receive from the respondents Rs. 4,35,000/-, being the price of the goods, Rs. 1,80,000/- which he had paid as duty, Rs. 2,00,000/- for the redemption fined which was paid and a sum of Rs. 50,000/- which was levied as penalty which has also been paid by the petitioner-firm. The petitioner having paid the duty, redemption fine and penalty was entitled to the return of the goods but as the goods had disappeared they were not returned. It is for this reason that the petitioner has be- come entitled to get back what he had paid and, in addition thereto the value of the goods. Mr. Mukul Rohtagi, the learned Additional Solicitor General states that some money has already been paid to the petitioner-firm. The balance amount will be paid within a period of four weeks. List the matter after six weeks.