2021 (2) TMI 208 - HC - Customs

Fraudulent exports - export of goods against the shipping bills, provisionally, which were found to be sub-standard and highly overvalued for fraudulent availment of drawback at a higher rate - HELD THAT - It is deemed fit to dispose of the present petition with a direction to the concerned respondent authorities to decide the claim of the petitioner with respect to the suspended drawback covered under the shipping bill numbers, mentioned in the prayer clause of the writ petition, in accordance with law, Rules, Regulations and Government Policies applicable to the facts of the case and on the basis of the evidence on record, after giving adequate opportunity of being heard to the concerned parties, as expeditiously as possible and practicable. Petition disposed off.

Issues:
1. Release of suspended drawback covered under specific shipping bills.
2. Stay of show cause notice.
3. Allegations of sub-standard goods and fraudulent availment of drawback.
4. Direction to concerned authorities to decide the claim of the petitioner.

Issue 1: Release of suspended drawback covered under specific shipping bills
The petitioner sought a writ of mandamus to direct the respondents to release the suspended drawback covered under specific shipping bills. The counsel for the petitioner highlighted that a learned Single Judge had stayed the show cause notice related to the issue. The court, after considering the submissions, directed the concerned authorities to decide the claim of the petitioner regarding the suspended drawback in accordance with the law, regulations, and policies applicable, ensuring a fair opportunity for all parties involved.

Issue 2: Stay of show cause notice
The show cause notice dated December 20, 2017, was stayed by a learned Single Judge of the Court in a previous case. The petitioner's counsel emphasized this point to support the argument for a suitable direction to be issued to the respondent authorities. The court acknowledged this stay and proceeded to provide directions for the resolution of the suspended drawback issue.

Issue 3: Allegations of sub-standard goods and fraudulent availment of drawback
The allegations against the petitioner involved exporting goods provisionally, which were later found to be sub-standard and overvalued for fraudulent availment of drawback at a higher rate. The show cause notice was issued based on these allegations. The court noted these allegations while directing the concerned authorities to decide the petitioner's claim, ensuring a fair process based on evidence and compliance with relevant laws and regulations.

Issue 4: Direction to concerned authorities to decide the claim of the petitioner
After hearing both parties and reviewing the petition, the court deemed it appropriate to dispose of the case by directing the concerned authorities to decide the petitioner's claim regarding the suspended drawback covered under specific shipping bills. The decision was to be made in accordance with the applicable laws, rules, regulations, and government policies, providing a fair opportunity for all parties to be heard and resolving the matter expeditiously.

In conclusion, the court disposed of the writ petition with the aforementioned directions, emphasizing the need for a prompt and fair resolution of the issues raised by the petitioner regarding the release of the suspended drawback.

← Previous Next →