SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Del) 2046

VIBHU BAKHRU, AMIT MAHAJAN
Colour Cottex Pvt. Ltd. – Appellant
Versus
Commissioner of Customs (Exports), New Delhi – Respondent


Advocates appeared:
Mr. Mukul Singla, Advocate, for the Petitioner.
Mr. Harpreet Singh, SSC with Ms. Suhani Mathur & Mr. Jatin Gaur, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. The petitioner has filed the present petition, inter alia, praying as under:

    "a) Issue Writ of Mandamus directing the Respondent no. 1 to adjust pending drawback claims amounting to Rs.26,65,334/- towards the demand confirmed vide Order-in-Original dated 15.09.2021;

    b) Issue writ of mandamus directing the Respondent No.2 to consider the appeal of the Petitioner on merits without insisting pre-deposit required under Section 129E of the Customs Act, 1962;

    c) In alternative: Issue writ of mandamus directing the Respondent No. 1 to refund the Duty Drawback amounting to Rs.26,65,334/- along with interest."

2. The petitioner states that it is engaged in exporting readymade garments. It had exported the said goods under 211 Shipping Bills during the period 01.01.2014 to April, 2015. In respect of the said exports, it claimed duty drawback of approximately Rs.10.16 crores. The petitioner claims that on 28.07.2015, it uploaded the details of nine Shipping Bills on the DGFT portal. Although the duty drawback in respect of the exports under the said Bills was sanctioned, the same has not been disbursed.

3. It is stated that the officials of respondent no. 1 conducted s

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top