9911796707
TMI Blog2016 (8) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... HC X X X X Extracts X X X X X X X X Extracts X X X X ..... sfy the conditions stipulated in Clauses 2.8 and 2.10 of the Customs Manual. 3. It is the case of the petitioner that even as early as 2013 they had achieved the benchmark for being eligible for grant of exemption of cost recovery charges and they made an application for grant of such exemption on 16.04.2013. It is pointed by the learned counsel for the petitioner that this application was recomm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Chief Commissioner of Customs and it is stated that the Chief Commissioner of Customs has been delegated with the power to consider such applications for waiver and in this regard, the order passed by the 1st respondent dated 03.11.2015 was referred to. When this was the position, the 6th respondent sent a letter to the petitioner on 09.05.2016 calling upon the petitioner to pay the cost rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ters and thereafter, it is for the authority to consider the plea of exemption. From a perusal of the proceedings of the 6th respondent dated 31.11.2015, it is seen that such authorisation given to the Chief Commissioner of Customs appears to be a one time measure and it is not clear as to whether this order still holds good and the Chief Commissioner of Customs would be entitled to consider the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to consider such a plea. 6. In the light of the above, while dismissing the Writ Petition and confirming the impugned demand, there will be a direction to the 2nd respondent to consider the petitioner's application/representation dated 29.03.2016 claiming exemption/waiver of cost recovery charges and pass orders on merits and in accordance with law within a period of eight weeks from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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