Mani Singh Bhalla v. Special Director Enforcement Directorate

$- R-45 *

IN THE HIGH COURT

OF DELHI AT NEW DELHI + CRL.A. 208/2009 &CRL MA 3171/2009 MANI SINGH BHALLA Appellant Through:

Mr. Tanveer Ahmed Mir and Mr.

Arjun Singh Bhati, Advocates versus j SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE Respondeiits ^ Through:

Mr. Mr. Amit Mahajan(CGSC) with Mr. Nitya Sharma, Advocates Mr. Kamal Nijhawan, Sr. Standing Counsel for Customs I

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI !

ORDER

% 29.042015 Mr. Nijhawan appears for the customs department and states: that since the case is very old, no information can be furnished unless the details of the shipping bills and drawback ledger number allotted tO; the appellant/exporter are made available.

Counsel for the appellant submits that since the case is very old, they are not possessed of the records to be able to furnish the said details. It is submitted that the duty drawback at the relevant time was to the extent of 10%. In this regard, the drawback circular bearing No.63/98-customs dated 01.09.1998, as retrieved from the internet, has been tendered in Court. By:AMULYA

Counsel for the appellant states that the appellant is willing to adjust a lumpsum amount of Rs.l lakh from the deposit made by the appellant and be released to the Government on the assumption that the appellant had drawn duty drawback on the 3 GRs in question aggregatingto Rs.8,27,717/-. i The same translates to little more than 10%.

Considering the fact that the matter is veiy old, and the appeal i:self has been pending for the last about six years, in my view, this is a fair j suggestion and, accordingly, the offence is compounded in the sum of Rs.l < lakh and interest accrued thereon. Accordingly, out of the deposit of Rs.4 lakhs stated to have been made by the appellant at the time of preferring of appeal before the appellate tribunal, the appellant be refunded a sum of Rs.3 i lakhs with interest accrued thereon from the date of deposit till the date of refund. The remaining amount be forfeited towards the compounding charges.

, The appeal stands disposed of in the aforesaid terms. > VIPIN SANGHI, J > APRIL29,2015 sr