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2016 (6) TMI 156 - DELHI HIGH COURT

2016 (6) TMI 156 - DELHI HIGH COURT - 2016 (338) E.L.T. 559 (Del.) - 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 Respondent is not justified in continuing to keep the Petitionerís account frozen for nearly five months after the Petitioner succeeded before the CESTAT. If the Respondent was keen that .....

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- 30-5-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Petitioner : 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 Nijhawan, learned Senior Standing counsel accepts notice. 3. The short point that arises for consideration in the present petition is whether the Respondent is justified in continuing .....

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vailment by the Petitioner of the central excise portion of the drawback 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 Commissioner of Customs (Export) confirming the demand. However, the CESTAT by order dated 13th January, 2016 allowed the Petitioner s appeal against the aforementioned Order-in-Original. 6. .....

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