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M/s. Nizamabad Agro Private Ltd. Versus The Assistant Commissioner of Customs EODC And Others

2016 (9) TMI 831 - MADRAS HIGH COURT

Enforcement of Bond and Bank Guarantee - Denial of refund claim - milled rice - broken rice - export - local sales - EPCG scheme - Notification No.55/2003, dated 01.04.2003 - import of two series colour sorter and two feed chutes with essential spare parts from abroad at concessional duty of 5% - discharge of export obligation - whether the petitioner has to be directed to approach the Assistant Commissioner (Refunds) or a direction to be issued to the first respondent who has cancelled the bank .....

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submit a representation along with a copy of this order - after taking note of the legal position and also the factual position, refund to be effected within a reasonable time, not later than eight weeks from the date of the receipt of the representation - petition disposed off - decided in favor of petitioner. - W. P. No. 27525 of 2016 - Dated:- 30-8-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr.S.Murugappan For the Respondents : Mr.Rajkumar Jhabakh ORDER Heard Mr.S.Murugappan, learned co .....

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ce is said to be sold locally and also through export. While effecting export of goods, the petitioner opted for the scheme, viz., Export Promotion Capital Goods (EPCG) for importing machinery at concessional rate of duty for the purpose of production of export goods. The petitioner-Company obtained a license for import of two series colour sorter and two feed chutes with essential spare parts from abroad at concessional duty of 5% in terms of Customs Notification No.55/2003, dated 01.04.2003. F .....

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did not fulfill the export obligation within the stipulated period and the Bank effected payment to the third respondent on 10.10.2011. Thereafter, the petitioner obtained a redemption letter from the licensing authority for completion of export obligations and placed it for consideration before the first respondent and requested for cancellation of the bond and bank guarantee and return the same. The first respondent accordingly stated that the bond and bank guarantee executed are duly cancelle .....

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ted as per law. 4. The question would be as to whether the petitioner has to be directed to approach the Assistant Commissioner (Refunds) or a direction to be issued to the first respondent. 5. The Hon'ble Division Bench of this Court in a case of Commissioner of Customs, Chennai Vs. M/s.Aristo Spinners Pvt. Ltd., reported in 2008-TIOL-87-HC-MAD-CUS, has considered the question, as to whether the refund of bank guarantee would amount to collection of tax and the Hon'ble Division Bench of .....

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