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M/s Pokarna Ltd. Versus The Additional Commissioner of Customs (Group 7) , The Assistant Commissioner of Customs (Epcg)

2016 (3) TMI 470 - MADRAS HIGH COURT

Writ petition - Grant of refund claim of duty and interest - No violation of conditions of the Notification No.44/2002 dated 19.04.2002 - Held that:- without going into the merits or with regard to the pendency of the appeal before the Customs, Excis .....

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an, J. For the Appellant : Mr S Murugappan For the Respondent : Mr V Sundareswaran, SC ORDER This writ petition is filed for the issue of a Writ of mandamus directing the 2nd respondent to sanction the refund amount of ₹ 37,08,580/- in terms of .....

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cture of granite produces and apparel products, filed a bill of entry No.04033 dated 06.05.2003 for the clearance of Hitachi Hydraulic Excavator with accessories against EPCG Licence dated 31.03.2003 in terms of Customs Notification dated 19.04.2002. .....

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ble at the survey number mentioned in the bond executed by the petitioner firm and accordingly, on insistence, the petitioner paid a sum of ₹ 16,50,000/- towards duty and ₹ 12,33,580/- towards interest amount. Pursuant to the verification .....

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tion 111(o) of the Customs Act, 1962 and for imposition of penalty under Section 114 A of the Act. Adding further, learned counsel for the petitioner submitted that a reply was filed to that notice, however, the 1st respondent, passed an order in ori .....

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held in favour of the petitioner by the appellate authority by holding that the petitioner firm has not violated the conditions of the Notification No.44/2002 dated 19.04.2002 and allowed the appeal by order dated 11.07.2013. It is the further submis .....

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11 for ₹ 16,50,000/-, D.D.No.394958 dated 17.09.2011 for ₹ 12,33,580/- and Bank Guarantee encashed D.D.No.226209 dated 24.09.2012 for ₹ 8,25,000/-) The said application is kept pending. However, the 2nd respondent had informed the p .....

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davit filed submitted that as against the order in appeal dated 11.07.2013, the department has filed an appeal along with stay application and hence no interference is warranted. 4. In reply, the learned counsel for the petitioner would submit that e .....

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