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Madras High CourtWP/740/2018disposed of

M/S.Polax India Pvt. Ltd v. The Deputy Commissioner Of

2018-03-27Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2018

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.740 of 2018 M/s.Polax India Pvt. Ltd Rep. by its Chief Financial Officer Mr. Yusuke Kobayashi No.200, North Belerica Road Post Box No.1, Sri City DTZ Chitoor, Andhra Pradesh-517 588 .. Petitioner v.

1 The Deputy Commissioner of Customs Appraisal Group 5 O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

2 The Deputy Commissioner of Customs Appraisal Group 5A O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

3 The Deputy Commissioner of Customs Appraisal Group 5B O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to finalize the provisionally assessed Bill of Entries submitted by the petitioner vide their letter dated 31.3.2016 and 01.07.2016. For Petitioner : Mr.Mohammed Shaffiq For Respondent : Mr.V.Sundareswaran Standing Counsel

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents to finalize the provisionally assessed Bill of Entries submitted by the petitioner vide their letter dated 31.3.2016 and 01.07.2016.

2. It is the case of the petitioner that they have been repeatedly requesting the respondents to finalize the provisionally assessed Bills of Entry and for the refund of EDD vide their letters dated 31.03.2016, 13.04.2016, 02.05.2016, 01.07.2016, 06.10.2016, 25.07.2017 and 06.11.2017. However, the respondents have not considered the request made by the petitioner and have not finalised the Bills of Entry and refund of EDD sofar.

3. The learned counsel appearing for the petitioner submitted that since the respondents have not finalized the provisionally assessed Bills of Entry and the request for the refund of EDD, the petitioner is put to hardship. 4.

When the matter is taken up for hearing, Mr.V.Sundareswaran, learned Standing Counsel appearing for the respondents submitted that eight weeks time may be granted to the appropriate authority to finalize the provisionally assessed Bills of Entry and the request for the refund of EDD.

5. In that view of the matter, learned counsel appearing for the petitioner submitted that the petitioner has no objection for granting eight weeks time to finalize the provisionally assessed Bills of Entry and the request for the refund of EDD.

6. In view of the submission made by the learned counsel on either side and recording the submission made by the learned Standing Counsel appearing for the respondents, I grant eight weeks time to the appropriate authority to finalize the provisionally assessed Bills of Entry and also the request for the refund of EDD vide their letter dated 31.3.2016 and 01.07.2016.

With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rj

To 1 The Deputy Commissioner of Customs Appraisal Group 5 O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

2 The Deputy Commissioner of Customs Appraisal Group 5A O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

3 The Deputy Commissioner of Customs Appraisal Group 5B O/o. The Commissioner of Customs (Airport & Air Cargo - Meenambakkam) New Customs House GST Road Chennai-600 027.

+1cc to Mr.T.Pramodkumar, Advocate, S.R.No.23989 W.P.No.740 of 2018 RRK(04/04/2018)