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TMI Blog2015 (10) TMI 2089X X X X Extracts X X X X X X X X Extracts X X X X ..... bmission of the petitioner that Rupees Tw o Crores was collected under threat. Learned counsel for the respondents submits that the amount of Rupees Two Crores is lying in deposit with respondent no.1. As there is no legal justification for continued retention of the aforesaid amount of ₹ 2 crores, I direct respondent no.1 to refund the amount of Rupees Two Crores to the petitioner, expediti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner in June 2012. However he referred to Section 28(1)(b) of the Customs Act, 1962 and para 7 of the statement of objections filed by the respondents and submitted that the petitioner had voluntarily deposited the amount of Rupees Two Crores. Para 7 of the statement of objections reads as follows: 7. It is submitted that, during the course of investigation, the petitioner who is wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t doing business with an unblemished track record, have deposited a sum of ₹ 200 lakhs (Rupees Two Hundred lakhs only). This may please be treated as predeposit without prejudice to our rights to claim refund in the event the case would reach finality in our favour. 4. However, even after lapse of two years, no demand for any duty is made against the petitioner and it is not the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel on both sides submit that if the respondents issue a show cause notice to the petitioner within six weeks from today, there is no need for respondent no.1 to refund the amount of Rupees Two Crores and it shall be treated as deposit towards duty. Their submission is placed on record. Ordered accordingly. The writ petition stands disposed of in the above terms. - - TaxTMI - TMITax - Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X
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