TMI Blog2016 (1) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Deputy Commissioner of Customs, ICD, Tughlakabad is hereby set aside. The matter is remanded to the said authority for fresh determination after taking into account the EODC produced by the Petitioner. The consequential alerts in the EDI system cannot obviously continue as a result of the resent order by the Court. - W.P.(C) 11852/2015 & CM APPL 31502/2015 (for stay) - - - Dated:- 15-1-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereupon together with interest. A penalty of ₹ 19,00,000 was also imposed. 3. The Petitioner states that since it had not yet obtained an Export Obligation Discharge Certificate ( EODC ) in respect of the above advance licence, it requested the Commissioner of Customs, ICD at the personal hearing to grant extension of time till 15th March 2014 to submit the EODC. Meanwhile, on 24th Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the Petitioner. Further, Respondent No. 4, Deputy Commissioner of Customs (Recovery) Branch, initiated recovery proceedings against the Petitioner. 4. In the similar instances where the exporter had received EODC on a date subsequent to the order passed by the Commissioner of Customs confirming the demand of duty and penalty, this Court remanded the matter back to the original Adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EDI system cannot obviously continue as a result of the resent order by the Court. 6. It will be open to the Petitioner to make an application for refund of the duty or penalty paid by it under protest and such application when made that will be considered by the authority concerned in accordance with law expeditiously. 7. The writ petition and the pending application are disposed of in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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