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M/s. Arthanari Loom Centre Versus The Secretary, Central Board Of Excise And Customs

2016 (3) TMI 387 - MADRAS HIGH COURT

Writ petition - Refund of principal and interest amount under Section 129 EE of the Customs Act, 1962 - Setting aside of demand penalty and fine - Confiscation of fourteen machineries which were not covered by the EPCG licence - Held that:- the entire amount has been refunded and interest alone has to be paid to the petitioner. The claim of the petitioner towards interest under Section 129 EE of the Customs Act, 1962, could have been granted within 60 days, but the same has not been made. Furthe .....

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and 802/35/2004-CX dated 08.12.2004 issued by Ministry of Finance, the petitioner is directed to submit a calculation memo with regard to interest to the respondents and the same shall be considered. - Petition is disposed of - W.P.No.15339 of 2002 - Dated:- 16-9-2015 - MR. R.MAHADEVAN, J For the Petitioner : Mr. C. Saravanan For the Respondent : Mr. P. Mahadevan, SC ORDER This writ petition has been filed for the issue of a writ of mandamus to direct the respondent Nos.2 to 4 to refund a sum o .....

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not covered by the EPCG licence, the petitioner preferred an appeal in No.697/2000 before the CEGAT, Chennai, which set aside the order in original and directed for denovo proceedings on the ground of denial of sufficient opportunity. Thereafter, the Commissioner of Customs, Trichy, in his denovo adjudication Order No.59/2000 dated 11.10.2000, confiscated 14 machines which were not covered by EPCG License at the time of import, however, with an option to redeem the same. As against the said orde .....

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₹ 61,53,069/- and on such furnishing, the respondents were directed to pay the said sum and further directed the petitioner to keep the bank guarantee alive till the disposal of the writ petition. Further, by order dated 22.07.2005, this Court clarified that there is no need to keep the bank guarantee alive or extend its life as ordered on 29.07.2002. 4. As per Circular F.No.275/37/2K-CX.8A dated 02.01.2002, issued by the Ministry of Finance (Department of Revenue), Central Board of Excis .....

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ssed to the concerned Assistant/Deputy Commissioner of Central Excise or Customs, as the case may be, will suffice for the purpose and all the pending refund applications already made under the relevant provisions of the Indirect Tax Enactments for return of such deposits and which are pending with the authorities will also be treated as simple letters asking for return of the deposits,and will be processed as such and similarly, bank guarantees executed in lieu of cash deposits shall also be re .....

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by order dated 16.07.2008 by the Hon'ble Apex Court. Even thereafter, the petitioner's claim for interest has not been considered. 6. At this juncture, it is useful to refer to the Judgment of the Hon'ble Supreme Court in the case of Commissioner of Central Excise, Hyderabad vs. I.T.C. Limited reported in 2005(179) E.L.T. 15 (S.C.), wherein, the Hon'ble Supreme Court has held as follows:- "The issue in this appeal and in several other appeals is whether the pre-deposit made .....

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e contents of the draft circular we direct compliance with the final order impugned before us and payment of interest in terms of the draft circular. The draft circular shall be appended to and the contents form part of this order. The appeal is disposed of. In view of this order any judgment of any High Court holding to the contrary will no longer be good law". 7. Pursuant to the same, the Ministry of Finance has issued Circular:802/35/2004-CX dated 08.12.2004, wherein in paragraph Nos.4 a .....

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