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2020 (7) TMI 455

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..... RIA Appearance: MR D K TRIVEDI(5283) for the Applicant(s) No. 1 DS AFF.NOT FILED (N)(11) for the Opponent(s) No. 1,2,3   ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. On 29.06.2020, we passed the following order: - "Heard learned advocate Mr. D. K. Trivedi for the applicant. By invoking jurisdiction under the Contempt of Courts Act, 1971, the applicant petitioner has com .....

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..... initiate the action against the respondent authority. 3. In response to the order of issuance of notice, affidavit-in- reply is filed by the Assistant Commissioner of Customs where the emphasize is made on the fact that it is not the role of the respondent in non-sanctioning of the refund since it is system driven and it is system based, on the declaration made by the petitioner at the time of e .....

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..... After the Division Bench having held the applicant having entitled to claim the IGST in regard to the goods exported, no further delay can be permitted. He also has made a grievance that till date, no petition has been filed before the Apex Court.   5. Learned advocate Mr. Parth Bhatt has strenuously urged that there has been some delay on the part of the department but that should not be th .....

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