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2020 (6) TMI 653 - HC - CustomsRelease of Drawback amount payable to petitioner - HELD THAT - We are surprised to hear that despite the letter dated 19.03.2019 addressed by the respondent No.2/DRI to respondent No.1/ Commissioner of Customs, no steps have been taken by the latter so far to release the drawback amount payable to the petitioner in respect of the Shipping bill dated 09.10.2015 - Mr. Harpreet Singh, learned counsel for the respondent No.1 states that he may be permitted to obtain instructions from the Department. List on 29.06.2020.
Issues:
1. Petition for directions to issue a 'No Objection Certificate' for release of drawback amount. Analysis: The petitioner filed a petition seeking directions for the issuance of a 'No Objection Certificate' by the Deputy Director, DRI to release a drawback amount in their favor. The respondent No.1, Deputy Commissioner of Customs, had requested the release of ?20,94,645 pertaining to a specific Shipping bill. The court inquired why the amount had not been released when there were no pending cases against the petitioner. The respondent No.1's counsel mentioned that the amount was withheld based on the directions of the respondent No.2, DRI. The counsel for the respondent No.2, DRI, disputed this claim and informed the court that a letter dated 19.03.2019 was sent to the respondent No.1, clarifying that no inquiry was pending at the DRI's end, and they were free to release the amount. The court expressed surprise that despite this clarification, the respondent No.1 had not taken any steps to release the due amount to the petitioner relating to the Shipping bill from 2015. The respondent No.1's counsel requested time to obtain instructions from the department. Subsequently, the counsel for respondent No.2, DRI, was directed to provide a copy of the letter dated 19.03.2019 to the respondent No.1, along with proof of receipt, to be shared with the petitioner's counsel. The court warned that if it was found that the respondent No.1 had not acted upon the letter to release the amount, costs might be imposed. The matter was listed for further hearing on a specified date.
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