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Madras High CourtWP/814/2018closed

M/S.Adayar Gate Hotel Ltd v. The Commissioner Of Customs

2018-06-21Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2018

CORAM

THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.814 of 2018 M/s.Adayar Gate Hotel Ltd Rep by its Managing Director Mr.Bharath Bhushan Goyal Having Office at Welcome Group Park Sheraton Hotel & Towers TTK Road, Chennai-600018

...Petitioner

v.

1 The Commissioner of Customs Custom House No.60, Rajaji Salai Chennai-600 001 2 The Assistant Commissioner of Customs (Refunds) Custom House No.60, Rajaji Salai Chennai-600 001

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to sanction the refund of Rs.7,62,841/- along with the interest as per the provisions of Section 27A of the Customs Act , 1962 as directed by the Commissioner of Customs (Appeals ) Vide his order-in-appeal No.923/2016, dated 17.10.2016 and confirmed by Final Order No.41126/2017 dated 04.07.2017 passed by the Tribunal.

For Petitioner : Mr.Hari RadhaKrishnan For Respondent : T.Promod Kumar Chopda Senior Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

Mr.Hari Radha Krishnan, learned Counsel appearing for the petitioner and T.Promod Kumar Chopda, learned Senior Standing Counsel appearing for the Revenue.

2. As against the order passed by the Customs Excise & Service Tax Appellate Tribunal (CESTAT), the Revenue has filed an appeal before the Division Bench in C.M.A.S.R.No.85662 of 2017, which was filed on 01.11.2017. However, the Revenue have not taken any steps to number the appeal till today.

3. The learned counsel appearing for the petitioner submits that the appeal was returned for certain defects and yet to be represented.

This information has been obtained from the Information Centre of this Court.

4. If the submission of the learned counsel for the petitioner is correct, effective steps should be taken by the respondent to represent the appeal and number the appeal at the earliest.

With the above observations, the writ petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Rj To 1 The Commissioner of Customs Custom House No.60, Rajaji Salai Chennai-600 001 2 The Assistant Commissioner of Customs (Refunds) Custom House No.60, Rajaji Salai Chennai-600 001 +1cc to Mr.Hari RadhaKrishnan, Advocate sr.no.39530 +1cc to T.Promod Kumar Chopda, Advocate sr.no.39234 W.P.No.814 of 2018 nr 29/06/2018 https://hcservices.ecourts.gov.in/hcservices/