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Punjab-Haryana High Court

Candex Filament Pvt. Ltd vs Union Of India And Others on 26 February, 2021

Author: Ritu Bahri

Bench: Ritu Bahri

CWP No.4626 of 2021                                                         -1-

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                          CWP No.4626 of 2021
                                          Date of decision: 26.02.2021

Candex Filament Pvt. Ltd.
                                                            ...Petitioner

                           Vs.

Union of India and others
                                                            ...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:     Mr. Govind Goyal, Advocate,
             for the petitioner.
                    ***

Ritu Bahri, J. (oral) Petitioner is seeking direction to respondent No.2 to release the customs duty drawback and refund of IGST payments made in respect of ZEO rated supplies of export consignments admissible to it (petitioner) in terms of the statutory provisions of the Act.

Learned counsel for the petitioner has placed on record the tabulated chart of drawback and IGST refund dues (Annexure P-3) and stated that as per this chart, total amount (which is held up) comes to about Rs.3 crores. This payment is due to the petitioner under the IGST refund. With regard to its grievance, petitioner made a detailed representation dated 13.04.2020 (Annexure P-4) before the Assistant Commissioner of Customs, Drawback, Delhi Air Cargo, New Custom House, New Delhi, but no action has been taken thereon till date. An email has also been sent by the petitioner, which has been acknowledged on 27.01.2021 (Annexure P-6).

Notice of motion.

1 of 2 ::: Downloaded on - 24-08-2021 06:29:04 ::: CWP No.4626 of 2021 -2- At this stage, Mr. Sunish Bindlish, Advocate, accepts notice on behalf of the respondents.

Without expressing any opinion on the merits of the case, this petition is disposed of by giving direction to the respondents (competent authority) to look into the representation dated 13.04.2020 (Annexure P-4) and pass a speaking order thereon in accordance with law within a period of three months from the date of receipt of certified copy of this order.

(RITU BAHRI) JUDGE (ARCHANA PURI) 26.02.2021 JUDGE ajp Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 24-08-2021 06:29:05 :::