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M/s. Karur K.C.P. Packkagings Ltd. Versus The Commissioner of Customs And Others

2015 (9) TMI 976 - MADRAS HIGH COURT

Denial of Duty drawback claim - Interest u/s 75A - Held that:- where any drawback payable to the claimant is not paid within a period of one month from the date of filing a claim for payment of such drawback interest at the rate fixed under Section 27-A from the date after the expiry of the said period of one month is payable to the petitioner. Therefore, when it is made clear that the petitioner is entitled to claim interest, as per Section 75-A and further notification with regard to quantum o .....

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ated:- 27-8-2015 - T. Raja, J. For the Petitioner : Mr A K Jayaraj For the Respondent : Mr R Aravindan ORDER This Writ Petition has been filed by Mr.T.Madhaiyan, General Manager (Works) representing M/ s.Karur K.C.P.Packkagings Limited, seeking a Mandamus, directing the Assistant Commissioner of Customs (Draw Back), Tuticorin, the 3rd respondent herein, to pay and settle the interest at the rate of 18% payable on the sanctioned and paid Duty Drawback Claim amount entitled to by the petitioner, f .....

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od from 18.02.2010 to 24.09.2010, in the light of the Notification No.103/2008 - Customs, dated 29.08.2008, issued by the Government of India, Ministry of Finance and the decision of DGFT Committee Meeting No. 17/AM-14, dated 25.07.2013, I allowed the said prayer, by an order dated 03.12.2014 by me. The relevant portion of my order reads as follows:- "9. Apart from the above, the issue also has been decided by the Director General of Foreign Trade, Udyog Bhawan , classifying that Flexible I .....

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ing the 3rd respondent to settle and release the pending balance duty drawback claim amount entitled to the petitioner for the period 18.02.2010 to 24.09.2010 in the light of the Notification No.103/2008-Customs, dated 29.08.2008 issued by the Government of India, Ministry of Finance and as per the decision of DGFT Committee Meeting No.17/AM-14, dated 25.07.2013, within a period of two weeks from the date of receipt of a copy of this order. Needless to mention that in the event of success by the .....

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quested to intimate the outcome of the classification, which was pending before the learned CESTAT, Chennai, for taking further necessary action. Now, the learned CESTAT also in its order, dated 03.08.2015, in Appeal Nos.E /76/2011 and E/146/2012 categorically has held that Flexible Intermediate Bulk Containers (FIBC) is rightly classifiable under 6305 3200 and not under 39232990. Accordingly, the learned CESTAT has further found that there was no infirmity in the order passed by the Commissione .....

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