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Kamaruddin, Siti Noarazarul Yanie Binti Mat, Masitah Binti Ahmad Tallah Versus Principal Commissioner of Customs (I) , Joint Commissioner of Customs (Airport) , Assistant Commissioner of Customs (Preventive - Refunds)

2016 (12) TMI 1440 - MADRAS HIGH COURT

Refund of excess fine and penalty paid - time limit for disposal of revision - application for refund were not processed, later on the petitioners have been served with Notices from the Revisional Authority viz. Under Secretary to Government of India, Ministry of Finance, Department of Revenue, New Delhi, stating that the Commissioner of Customs, Chennai, has preferred Revision Petitions as against the orders passed by the Commissioner of Customs - Held that: - no time limit is fixed for disposa .....

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2016 - Dated:- 22-11-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. B. Sathish Sundar For the Respondents : Mr.S.Rabu Manohar ORDER Heard Mr.B.Sathish Sundar, learned counsel for the petitioner and Mr.S.Rabu Manohar, learned Senior Panel Counsel accepting notice on behalf of the respondents. With the consent of the learned counsel appearing on either side, the Writ Petitions are taken up for final disposal. 2. The petitioners have come forward with these Writ Petitions for directing the t .....

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elopment and Regulation) Act, 1992. However, I give them an option to redeem the same for re-export, on payment of fine of ₹ 25,00,000/- under section-125 of the C.A.1962 which is to be exercised within a period of one month from the date of the order. (ii) I order for confiscation of material objects dark blue colour jeans pant "Levis Demi Curve" with specially stitched inner pocket and light blue colour "Levis Demi Curve" with specially stitched inner packet which was .....

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upees Three Lakhs only) on Shri Kamaruddin Bin Mohamed Ismail under section 112 of the Customs Act, 1962." 3. The petitioners in order to avail the benefit of re-export, as granted in the above order, have paid the fine and penalty on 29.07.2015, pursuant to which the re-export of the gold bars were allowed. Parallelly, the petitioners have preferred Appeals to the Commissioner of Customs (Appeals), challenging the Order-In-Original dated 30.04.2015. The Commissioner of Customs (Appeals), b .....

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0.03.2016, for refund of the excess amount of fine and penalty paid by them. In response to the said Applications, the third respondent by communication dated 18.03.2016, directed the petitioners to forward their respective copy of the Passport duly self attested, for necessary verification. Thus, the petitioners were under the earnest belief that their Applications for refund are being processed. However, nothing happened for several months and therefore the petitioners are before this Court. 5 .....

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