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2016 (8) TMI 713

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..... thorities in not conducting the investigation expeditiously although they have noticed that false and bogus claims are being raised by certain exporters. There is no need to treat all exporters alike if it is only some exporters who are indulging in a wrongful act. Until such investigations against some entities are in progress, there is no need to hold back all drawbacks and by a wholesale direction or some internal communication, the details of which are not available for consumption of exporters. We hope and trust that the pending investigation would be concluded expeditiously by 30.09.2016. - WRIT PETITION NO. 4105 OF 2016 WITH WRIT PETITION NO. 4106-4107 OF 2016 - - - Dated:- 27-6-2016 - S.C. DHARMADHIKARI AND DR. SHALINI PHANSALKAR .....

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..... of shipping bills and which have been placed serially or in a queue. That is why these requests and the sanction thereof takes some time. In such circumstances, on instructions, it is stated that within a period of 3060 days from the date of shipment, the drawback claims in relations to the petitioner would be processed and duly sanctioned. This would be the process followed in relation to all the drawback claims where the shipping bills are not under investigation. 4. Mr. Hidayatollah, learned Senior Counsel submits that in pursuance of the earlier orders only part compliance has been made. In that regard the additional affidavit filed today is relied upon by Mr. Hidayatollah to submit that the petitioner No.2 personally visited the of .....

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..... by the counsel engaged by both the DRI and Customs House, the orders of this Court, the authorities are not acting in accordance with law. We expect the Directorate now to inform the Customs House of Nhava Sheva about today's order and directions. We do not think that information of any internal letter or communication is available under the Right to Information Act, 2005. The claimants ought to know as to, when the State facilitates export and when valuable foreign exchange has been brought in the country, why his rebate or drawback claims have not been processed, why they are held back and if there are certain investigations initiated, when would they be completed and any information is required about such export. There should be com .....

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