9911796707
TMI Blog2014 (4) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... we can grant any relief in writ jurisdiction - The claim of the petitioner for reward is highly disputed and such disputed questions of fact cannot be resolved in writ jurisdiction - petition dismissed - decided against petitioner. - Writ Petition No. 1742 of 2013 - - - Dated:- 25-4-2014 - S.C. Dharmadhikari and Girish S. Kulkarni, JJ. Shri Rajesh Bindra, for the Petitioner. Shri V.A. Thorat, Senior Advocate a/w Ms. Anni Fernandes, for the Respondent. ORDER P.C. : The prayer in the Writ Petition is of mandamus directing the respondents to act as per the Reward Scheme framed by the Central Government dated 20-6-2001 and to pay the petitioner 20% of the reward amount. The petitioner also relies upon this circular to cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is the claim of the petitioner that the reward scheme was introduced on 20-6-2001 and accordingly, the guidelines for grant of reward to the informers and Government servant were framed. The guidelines enable the Authorities to reward the informers and Government servants in case of seizures made and/or infringement and/or evasion of duty under the Customs Act, 1962, the Central Excise Act, 1944 and the Narcotic Drugs Psychotropic Substances Act, 1985. The petitioner made the complaint in respect of evasion and theft of taxes by M/s Cairn Energy Private Limited. Relying on the complaint and correspondence exchanged pursuant thereto, the petitioner submits that the Department unearthed the cases of evasion and theft of duty. That is h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was classifiable as crude oil under the Heading 2709. As regards the buyers, it was proposed that further inquiry be conducted through the respective Zonal Units of Central Excise Intelligence. Thereafter, a detailed report was sent to the Central Board of Excise and Customs. The entire case of classification has been referred in paragraph 5 of the reply including the show cause notice which is issued to some of buyers of the product. It is in these circumstances that the Deponent of the Affidavit states that the Central Board of Excise and Customs forwarded some communications with regard to the reward to the informers. The claim of reward does not fall under the purview of the Reward Rules, was the response which the Department gave to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
