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Happy Overseas Through Its Proprietor Versus Commissioner, Customs Export Commissionerate

2016 (6) TMI 156 - DELHI HIGH COURT

Attachment of Bank Account - Account was frozen since 2007 despite the Petitioner having succeeded in its appeal before the CESTAT on 13th January, 2016 - Fraudulent availment of central excise portion of drawback incentives. - Held that:- the Respon .....

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have taken immediate steps to file an appeal. Therefore, the Court directs that the Petitioner’s account shall be de-frozen forthwith. The Petitioner is permitted to approach the Manager of the concerned branch of the Punjab National Bank, with a cer .....

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: Mr Umang Srivastava, Advocate For the Respondent : Mr Kamal Nijhawan, Senior Standing counsel with Mr Sumit Gaur and Mr R. Ashok, Advocates ORDER CM No.21823/2016 1. Allowed, subject to all just exceptions. W.P.(C) 5243/2016 2. Notice. Mr Kamal Nij .....

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unjab National Bank having a sum of ₹ 57,01,072/- frozen since 2007 despite the Petitioner having succeeded in its appeal before the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ) on 13th January, 2016? 4. In relation to the ex .....

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ack incentives. Resultantly, the Petitioner s aforementioned bank account was frozen pending investigation. 5. The ensuing Show Cause Notice (SCN) dated 20th October, 2008 resulted in an Order-in-Original dated 28th May, 2013 passed by the Commission .....

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f its account but did not get any response. 7. Mr Kamal Nijhawan, learned Senior Standing counsel produced a copy of a letter dated 27th May 2016 written to him by the Deputy Commissioner (SIIB) which reveals that the Respondent is still in the proce .....

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