TMI Blog2017 (11) TMI 1535X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 939 - BOMBAY HIGH COURT] referred, wherein the appellant sought for refund of the cost recovery charges paid under protest to the Customs authorities, the Division Bench held that since the appellant therein did not file any appeals against the demands confirmed for the charges/cost, the appellant cannot be allowed to circumvent confirmed demand by way of refund - this Court is not inclined to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iner freight station. Earlier they had filed a representation on 29.03.2016 requesting for waiver from payment of cost recovery charges for the period during which officers were not posted. According to the petitioner, they had paid excess amount of ₹ 11,79,412/-. The said representation was pending and since orders were not passed on the same, the petitioner filed a writ petition before thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner seeks for a direction upon the 1st respondent to consider the representation dated 01.02.2017 submitted before the 1st respondent. I find the said representation is verbatim the same as that of the earlier representation which was considered and orders have been passed. The only difference that appears to be is the amount which the petitioner claims to have been paid as excess amount is diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It appears that the present writ petition is to reopen the earlier proceedings. In this factual background, this Court is not inclined to exercise discretion in issuing a writ of mandamus has sought for by the petitioner. However, this will not prevent the petitioner from pursuing their representation dated 01.02.2017 before the 1st respondent and it is for the 1st respondent to take appropriate d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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