Gujarat High Court
Si Group India Ltd & vs Commissioner Of Customs & 6 on 7 January, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, Mohinder Pal
C/SCA/18290/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18290 of 2014
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SI GROUP INDIA LTD & 1....Petitioner(s)
Versus
COMMISSIONER OF CUSTOMS & 6....Respondent(s)
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Appearance:
MR NITIN K MEHTA, ADVOCATE for the Petitioner(s) No. 1 - 2
MR DEVANG VYAS, ADVOCATE for the Respondent(s) No. 6 - 7
MS MAITHILI D MEHTA, ADVOCATE for the Respondent(s) No. 3 , 5 - 7
MS SEJAL K MANDAVIA, ADVOCATE for the Respondent(s) No. 1 - 2
NOTICE SERVED for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 07/01/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Pursuant to order dated 17.12.2015, it is undisputed position that the respondents have re-credited amount of Rs.4.69 crores (rounded off). Learned Counsel for the petitioner, while agreeing that by virtue of such development, substantial portion of the petitioner's grievance get resolved, submitted that on account of wrong action on part of the authorities in crediting the said duty amount, the petitioner could not utilize the duty during the original licence period, which at the relevant time was approximately 15 months duration left. Pursuant to order dated 02.09.2015 passed by this Court, when the petitioner applied to DGFT-respondent No.3 for Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Jan 08 01:51:44 IST 2016 C/SCA/18290/2014 ORDER revalidation of the licence, the same was granted for a period of six months. After the actual re-crediting, remaining period of the licence so revalidated is left for about four and half months. Thus, according to the Counsel, a very short validity period of the licence survives to enable the petitioner to either use the credit itself or to sale in the market as is permissible under the Rules.
2. Be that as it may, now that the authorities have done both, re-crediting the amount as well as extended the validity period of the licence, we do not propose to take any further action in the present petition. However, it is clarified that if at a future date, the petitioner requires further extension of the validity of the licence, it would be open for the petitioner to apply to the authorities for such purpose and if the decision of the authorities aggrieves the petitioner, it would be open for the petitioner to take such legal measures as may be available under the law.
3. The petition is disposed of accordingly.
(AKIL KURESHI, J.) (MOHINDER PAL, J.) Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Jan 08 01:51:44 IST 2016 C/SCA/18290/2014 ORDER SHITOLE Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Jan 08 01:51:44 IST 2016