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Gauhati High Court

M/S Eastland Switchgears Pvt. Ltd vs Principal Commissioner Of Customs And 3 ... on 4 October, 2021

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                    Page No.# 1/2

GAHC010152442021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/5185/2021

            M/S EASTLAND SWITCHGEARS PVT. LTD.
            A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
            COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT SWAIKA CENTRE,
            4A, POLLOCK STREET, KOLKATA WEST BENGAL 700001



            VERSUS

            PRINCIPAL COMMISSIONER OF CUSTOMS AND 3 ORS.
            NORTH EAST REGION, SHILLONG CUSTOMS COMMISSIONERATE,
            HAVING HIS OFFICE AT 110, MAHATMA GANDHI ROAD, SHILLONG-
            793001, MEGHALAYA

            2:THE SUPERINTENDENT
             LAND CUSTOMS STATION
             HATISAR
             OFFICE OF THE ASST. COMMISSIONER
             DHUBRI CUSTOMS DIVISION
             783375

            3:THE ASSTT. COMMISSIONER
             LAND CUSTOMS STATION
             HATISAR
             DHUBRI CUSTOMS DIVISION
             783375

            4:THE DY. COMMISSIONER OF CUSTOMS
             LAND CUSTOMS STATION
             HATISAR
             DHUBRI CUSTOMS DIVISION
             78337

Advocate for the Petitioner   : MR. P DAS
                                                                                   Page No.# 2/2


Advocate for the Respondent : SC, CUSTOMS




                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           ORDER

04.10.2021 Heard Mr. A Kanodia, learned counsel for the petitioner. Also heard Mr. S C Keyal, learned counsel for the Customs Department, Government of India.

The petitioner is aggrieved to the extent that their claim for refund of IGST paid on export of goods done from Non-EDI sites has not been refunded.

The respondents in the Department of Revenue, Ministry of Finance, Government of India had issued an instruction no. 20/2018-Customs dated 26.11.2018 providing the procedure for processing the IGST refund claims for exports made from Non-EDI sites.

Mr. S C Keyal, learned counsel for the respondents in the GST has made a statement that as required under the procedure the export data of the petitioner assessee has been captured by using offline utilities and the matter is under process.

It is stated that there were some technical glitches in the system which had delayed the process. It is stated that it is likely to take another four weeks to complete the process.

In view of such statement, list after four weeks.

JUDGE Comparing Assistant