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2011 (5) TMI 718 - HC - CustomsProof of realization of export proceeds - duty drawback - held that:- once the RBI after examining the matter issued the letter dated 25-5-2004 indicating in clear words that the shipment bills of the petitioner were written off without surrender of duty drawback, the proper course available to the Customs Department was to drop the recovery proceedings. The RBI has clearly stated in his counter affidavit that the letter dated 25-5-2004 was issued in accordance with the provisions of relevant Rules and Act. Thus the stand of the RBI supports and strengthens the case of the petitioner. - Decided in favor of assessee.
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