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2015 (10) TMI 2089 - HC - CustomsDenial of refund claim - Section 28(1)(b) of the Customs Act, 1962 - Held that:- As no demand is made for any amount against the petitioner, I find no justification for continued retention of the amount of Rupees Two Crores. It is unnecessary to examine the submission of the petitioner that Rupees Tw o Crores was collected under threat. Learned counsel for the respondents submits that the amount of Rupees Two Crores is lying in deposit with respondent no.1. As there is no legal justification for continued retention of the aforesaid amount of ₹ 2 crores, I direct respondent no.1 to refund the amount of Rupees Two Crores to the petitioner, expeditiously and in any event, within six weeks. - there is none ed for respondent no.1 to refund the amount of Rupees Two Crores and it shall be treated as deposit towards duty - Petition disposed of.
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