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Sarla Performance Fibers Limited, Shalina Laboratories Pvt. Limited Versus The Union of India And Others

2016 (9) TMI 617 - BOMBAY HIGH COURT

Processing of drawback application - denial of deemed export drawback - All Industry Rate of Duty Drawback - customs duty components paid on inputs/components - Column-B, “Sr No.540203” of Schedule of All Industry Duty Drawback Rates 2011-2012 - EOU - DTA - principles of natural justice - information by letters and no personal hearing - whether the decision given by Development Commissioner on supplies made from the domestic tariff unit to the export oriented unit not eligible for refund on All .....

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on the draw back application within three months from the date of receipt of a copy of this order - petition disposed off - decided in favor of petitioner. - Writ Petition No. 1480 of 2015, Writ Petition No. 1383 of 2016 - Dated:- 29-8-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Mr. Prakash Shah a/w Mr. Jas Sanghavi, Mr. Anush Desai i/b PDS Legal, for the Petitioner Mr. Beni Chatterjee, Senior Counsel a/w Mr. Pradeep S. Jetly, Mr. M. S. Bhardwaj, Mr. Pradeep S. Jetly a/w Ms. Neeta V. M .....

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tioner is only seeking a declaration that it is entitled to deemed export drawback mentioned in Column-B, Sr No.540203 of Schedule of All Industry Duty Drawback Rates 2011-2012. 3. Though some what detailed pleadings are on record, including an affidavit-in-reply, what we find as a threshold complaint and made by Mr.Shah, appearing for the Petitioners is that the application seeking the above relief has not been decided in accordance with law. All that the department continues to do is to engage .....

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nciples of natural justice. 5. Mr. Jetly, on the other hand, would submit that the Petitioners very well know as to why the relief cannot be granted and additionally because now the issues stand settled in terms of a Division Bench judgment of this Court, which according to Mr. Jetly is rendered in Writ Petition No.2926 of 2015 (Lupin Limited v/s The Union of India) along with Writ Petition No.2927 of 2015 (Sandoz Private Limited v/s The Union of India), decided on 1st August, 2016. 6. We have h .....

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