Gippsaero Pty Ltd. v. The Commissioner Of Customs (Exports

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7433/2018 & CM No.28435/2018 GIPPSAERO PTY LTD.

..... Petitioner Through :

Mr. Ajay Bhargava and Mr.

Aseem Chaturvedi, Advs.

versus THE COMMISSIONER OF CUSTOMS (EXPORTS ..... Respondent Through :

Mr. Sanjeev Narula, Sr.

Standing Counsel with Mr.

Abhishek Ghai, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 28.08.2018 The petitioner's grievance is that its entitlement to drawback, under Section 74 of the Customs Act, 1962 has been turned down. However, on 01.01.2018, the Central Government allowed the claim of draw-back to the petitioner.

Learned counsel for the respondent has produced the copy of a letter dated 21.08.2018 issued by the Assistant Commissioner and submits that the draw-back amount would be released to the petitioner. The said letter states that the draw-back amount could not be disbursed to the petitioner due to non-availability of details

of bank account of the exporter in India.

Learned counsel for the petitioner submits that the exporter is located abroad and does not have any bank account in India but that the particulars of its overseas bank account would be furnished to the concerned Assistant Commissioner within one week. In such event, the said draw-back amount along with interest, under Section 75A shall also be remitted.

This writ petition is allowed in the above terms. S. RAVINDRA BHAT, J A. K. CHAWLA, J AUGUST 28, 2018 aj