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1998 Supreme(Mad) 951

S.S.SUBRAMANI
J. G. Exports – Appellant
Versus
Commissioner of Customs, Chennai – Respondent


Appearing Advocates:P. Jayaraman, S. Murugappan, G. Govindarajan, S. Gomathinayagam, Advocates.

Judgment :-

The Order of the Court is as follows :-

Petitioner seeks issuance of writ ofmandamusdirecting the second and the third respondents to complete the verification of the following Duty Entitlement Pass Book (hereinafter referred to as DEPB) licences : (i) 04600645, dated 4-6-1998; (ii) 04600567, dated 19-5-1998; (iii) 04600569, dated 20-5-1998 and (iv) 04600571, dated 21-4-1998 issued by the fourth respondent strictly in accordance with the provisions of paragraph 7.43 of the Hand Book of procedures issued by the Ministry of Commerce and permit the petitioner-firm to use the credits granted in terms of the said licences.

2.Petitioner is a firm engaged in business of exports of various commodities. The Government of India through the Ministry of Commerce has formulated a scheme called Duty Entitlement Pass Book Scheme (DEPB Scheme), which is decided in Chapter 7 para 7.25 of the Export-Import Policy for the period 1997-2002 announced by the Ministry of Commerce, Government of India.

3.As per the said scheme, on export of specified goods, the exporter will be eligible to claim a credit at a specified percentage of Free on Board (FOB) value of exports. The rate at which the cred























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