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M/s. Kaka Carpets & Anr. & M/s. Shobha Woollens Pvt. Ltd. Versus Union of India & Ors.

2016 (8) TMI 713 - BOMBAY HIGH COURT

Withholding of duty drawback - only those drawbacks are not sanctioned where shipping bills are under investigation - Held that:- The claimants ought to know as to, when the State facilitates export and when valuable foreign exchange has been brought in the country, why his rebate or drawback claims have not been processed, why they are held back and if there are certain investigations initiated, when would they be completed and any information is required about such export. There should be comp .....

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e internal communication, the details of which are not available for consumption of exporters. We hope and trust that the pending investigation would be concluded expeditiously by 30.09.2016. - WRIT PETITION NO. 4105 OF 2016 WITH WRIT PETITION NO. 4106-4107 OF 2016 - Dated:- 27-6-2016 - S.C. DHARMADHIKARI AND DR. SHALINI PHANSALKARJOSHI JJ. Mr. Arshad Hidayatollah, Senior Counsel a/w. Mr. Sujay Kantawala, Mr. Anupam Dighe, Mrs. Shailaja KherHidayatollah & Mr. Karan Thackray i/b India Law All .....

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ent of the affidavit-in-sur-rejoinder, Dr. Umair Mir are both present in Court. 3. The affidavit-in-sur-rejoinder nowhere states that the petitioner's drawbacks are withheld. Rather the affidavit amply clarifies that the drawback relating to fresh export has been processed. Mr. Jetly, on further instructions, states that only those drawbacks are not sanctioned where shipping bills are under investigation. There is no blanket direction to hold back the claims and particularly in relation to d .....

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within a period of 3060 days from the date of shipment, the drawback claims in relations to the petitioner would be processed and duly sanctioned. This would be the process followed in relation to all the drawback claims where the shipping bills are not under investigation. 4. Mr. Hidayatollah, learned Senior Counsel submits that in pursuance of the earlier orders only part compliance has been made. In that regard the additional affidavit filed today is relied upon by Mr. Hidayatollah to submit .....

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that this pertains to the two entities i.e. Shobha Woollens Pvt. Ltd. and Kaka Overseas Ltd. However the Directorate of Revenue Intelligence has reconfirmed that there is no such alert, yet, the drawbacks are withheld. Therefore, specific directions would be necessary. 5. Mr. Jetly, on instructions, stated that there is no such internal communication or letter but what must have been notified or informed is the pendency of certain investigation and which is restricted to some shipping bills. The .....

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