2017 (4) TMI 76 - HC - Customs

Refund of Drawback with interest - It is the case of the petitioner that during the second week of June, 2016, part of the petitioner s entitlement was wrongly transferred to the fourth respondent account - The learned counsel for the fourth respondent on instructions would submit that on coming to know of the wrong credit being effected into their drawback account, they have immediately contacted the Customs Department and remitted the amount back to the Customs Department by Demand Draft dated 1-8-2016 - Held that - the second respondent is directed to consider all these aspects and if there is no other dispute with regard to the balance of ₹ 2,09,680/-, that shall be disbursed to the petitioner - Similarly, if interest is admissible, then the Department shall effect such payment also - matter on remand.

Summary

Issues:
1. Petitioner seeking refund of drawback amount with interest.
2. Alleged mistake in crediting drawback amount.
3. Dispute over the balance of refund and interest entitlement.
4. Respondent's action of remitting the wrongly credited amount.

Analysis:
Issue 1: The petitioner sought a Writ of Mandamus to direct the second respondent to refund the drawback amount of ?59,79,927 along with 6% interest per annum. The petitioner, engaged in the export of Yarn Dyed Woven Fabrics, claimed entitlement to the drawback amount under the Customs Act, 1962.

Issue 2: The petitioner highlighted a mistake in the EDI System resulting in the crediting of only ?50,68,699 instead of the full amount. Additionally, part of the petitioner's entitlement was wrongly transferred to the fourth respondent's account due to an apparent mistake.

Issue 3: During the proceedings, the Customs Department transferred an amount of ?57,70,227 to the petitioner, leaving a balance of ?2,09,680. The petitioner asserted their entitlement to interest at 6% under relevant sections of the Customs Act, along with statutory provisions, on the remaining balance.

Issue 4: The fourth respondent acknowledged the error in the credit and promptly contacted the Customs Department to remit the wrongly credited amount back. The court directed the second respondent to disburse the balance amount to the petitioner within two weeks and consider any dispute regarding interest payment.

In conclusion, the court disposed of the writ petition with directions for the second respondent to settle the balance amount and potentially the interest, subject to further review. The judgment emphasized prompt action on the refund and interest payment matters, ensuring a fair resolution for the petitioner.