M/S. V. K. Industrial Corporation Ltd Through Its Director Shri. Viren Mehta v. Union Of India Through Central Govt. Advocates And ORS

PVR 1/2 23wp4129-4130-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4129 OF 2015 M/s.V.K.Industrial Corporation Ltd.

... Petitioner.

Vs.

1. Union of India & Ors.

... Respondents AND WRIT PETITION NO.4130 OF 2015 M/s.K.Amishkumar Trading Pvt.Ltd.

... Petitioner.

Vs.

1. Union of India & Ors.

... Respondents --- Mr.Prakash Shah i/b. Prompt Legal, for the Petitioner. Mr.Pradeep S.Jetly, for the Respondents.

---- CORAM : S.C. DHARMADHIKARI & G.S. KULKARNI, JJ.

DATE :

29th JUNE, 2015.

---- P.C. :

1.

After these Writ Petitions were placed for admission, on instructions, Mr.Jetly, learned Counsel appearing on behalf of the Revenue states that the Revenue has accepted the order passed by the Tribunal dated 18.7.2014 in Appeal No.C/87241/13-Mum filed by the petitioners. Meaning thereby the Revenue has decided not to

PVR 2/2 23wp4129-4130-15.doc challenge this order in any higher Court. The Revenue will, therefore, give effect to and implement this order. The Revenue will then grant refund and if directed, in terms of this order to the petitioner.

2.

All the statements have been made by Mr.Jetly, on instructions from the competent official. We accept them as undertakings given to this Court. Now it is stated that the application for refund will have to be made and will lie before the the Assistant Commissioner of Customs / Deputy Commissioner of Customs (Refund), New Customs House, Ballard Estate, Mumbai. If such an application is filed already or will be filed now, the same should be decided as expeditiously as possible and within a period of two weeks from the date of its receipt.

3.

With the aforesaid directions these Writ Petitions are disposed of.

(G.S.KULKARNI, J.) (S.C. DHARMADHIKARI, J.)