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TMI Blog2018 (12) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner's past export and if found necessary, to issue show-cause notice in that respect nor are we preventing the department from taking any further action with respect to the later exports, if otherwise available under the law. At this stage, however, there being no further material on record, the prohibitory orders must be rescinded. The attachment of the petitioner's six bank accounts is set aside. Refund of amount deposited under protest - Held that:- Whether the said amount was deposited under protest or voluntarily, the department cannot appropriate the same unless a legal demand is crystallized against the assessee. Admittedly, no such demand has been raise - we would direct the respondents to refund such amount to the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05382349 ICICI Bank, Shivaji Nagar, Pune 624005016337 ICICI Bank, Shivaji Nagar, Pune 624001066125 ICICI Bank, Shivaji Nagar, Pune 167305000061 (iii) Retention of sum of ₹ 1.50 crores deposited by the petitioner with the respondents. These grievances arise in following factual background: The petitioner had made export under 53 shipping bills of 'Gas Injected Co-Axial Cable' (hereinafter referred to as the goods ) sometime in the year 2015. The petitioner was further in the process of exporting the goods for which 15 shipping bills were filed in June 2016. The department inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to); (ii) The total drawback amount claimed should not be rejected and re-determined to ₹ 64,486/- (Rupees Sixty Four Thousand Four Hundred Eighty Six Only) under provisions of Section 75(2) of Customs Act, 1962, which would be eligible only after physical export of the goods; (iii) The total MEIS amount claimed should not be rejected and redetermined to ₹ 64,486/- (Rupees Sixty Four Thousand Four Hundred Eighty Six Only) on the re-determined FOB value; (iv) The goods declared as 'Gas Injected Co-Axial Cable' covered under the subject 15 shipping Bills, mentioned at Table-I above and having declared value of ₹ 23,07,06,784/(Rupees Twenty Three Crore Seven Lakhs Six Thousand Seven Hundred Eighty Four ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le-I of SCN and having declared value of ₹ 23,07,06,784/- (Rupees Twenty Three Crore Seven Lakhs Six Thousand Seven Hundred Eighty Four Only) under Section 113(i), Section 113(ii) 113(h) of the Customs Act, 1962. This order is issued without prejudice to any other action that may be taken against the Noticeee(s) or any other person(s) concerned with the said goods under the Customs Act, 1962 or any other law for the time being in force in India. 4. Perusal of this order would show that the Adjudicating Authority, after having rejected the assesse's valuation of the export consignment and having substituted the same by his own computation, reduced the assessee's drawback claim on the basis of such reduced valuation. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operate, cannot be accepted. The exports were made in the year 2015. Nearly four years have been passed since then. The department has so far not produced any material prima facie suggesting that there is likelihood of demand for recovery of money from the petitioner. Learned counsel for the department also pointed out that the show-cause notice was issued without prejudice to the penal action which may be taken later on. We are neither preventing the department from further investigation into the petitioner's past export and if found necessary, to issue show-cause notice in that respect nor are we preventing the department from taking any further action with respect to the later exports, if otherwise available under the law. At this st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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