TMI Blog2010 (12) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Board of Excise and Customs, New Delhi whereby the Commissioners have been directed that on Electronic Data Interchange (EDI) system, the drawback claims should be cleared within 3 working days and in manual cases, within 5 days - the petition is allowed - 14155 of 2010 - - - Dated:- 15-12-2010 - Harsha Devani and H.B. Antani, JJ. REPRESENTED BY : S/Shri Navin Pahwa with Amit K. Dave, for the Petitioner. Shri Kalpesh N. Shastri, Standing Counsel, for the Respondent. [Order per : Harsha Devani, J. (Oral)]. - Considering the controversy involved in the present case which lies in a very narrow compass, the matter is taken up for hearing today. 2. Rule. Mr. Kalpesh N. Shastri, learned Standing Counsel waives ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 2010 the petitioner enclosed a copy of the order of the Tribunal and requested the respondent to process its six applications at the earliest. However, despite the fact that a considerable period of time has elapsed since the date of the order of the Tribunal, the applications made by the petitioner have still not been decided by the respondent. It is in these circumstances, that the petitioner has moved the present petition seeking the relief noted hereinabove. 6. Notice was issued on the petition on 27th October 2010 which was made returnable on 18th November 2010. On 1st December, 2010 when the matter was taken up for hearing, on behalf of the respondent it was submitted that in view of the fact that against the order of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic exchequer, inasmuch as the claimant becomes entitled to payment of interest under Section 75A of the Customs Act, 1962. 9. In the circumstances, the petition deserves to be allowed with a direction to the respondent to decide the applications within a suitable time frame. In this regard, the learned advocate appearing on behalf of the petitioner has invited the attention of this Court to a circular dated 30th March 2000 issued by the Central Board of Excise and Customs, New Delhi whereby the Commissioners have been directed that on Electronic Data Interchange (EDI) system, the drawback claims should be cleared within 3 working days and in manual cases, within 5 days. It was accordingly submitted that the Commissioner be directed to dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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