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Madras High CourtWP/38514/2004disposed of

M/S.Office Tec Industries v. The Commissioner Of Customs

2017-08-03Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.38514 of 2004 & W.M.P.No.46039 of 2004 M/s.Office Tec Industries, Rep. by its Proprietor, Mr.Pritam Singh, 1024-P, Sector 7, Extn.

Near Vivekanand Academy, Gurgaon.

... Petitioner Vs.

1.The Commissioner of Customs, (Sea-Imports), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2.The Deputy Commissioner of Customs, (Refund), Refund Department, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the second respondent herein to pass orders forthwith in the Refund Application made by the petitioner dated 08.09.2004 received by the respondent on 10.09.204 and 14.09.2004 against Bill of Entry No.488464, dated 08.05.2003 for Rs.9,66,159/- towards excess duty and Rs.5,95,000/- towards excess Redemption Fine and Penalty paid vide TR6 Challan No.98229943, dated 08.10.2003 and to settle and release the refund amount claim of the petitioner. For Petitioner : Mr.A.K.Jayaraj For Respondents : Mr.S.Kanmani Annamalai, Additional Government Pleader

O R D E R

Heard Mr.A.K.Jayaraj, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader for the respondents.

2.The petitioner seeks for the following relief; to direct https://hcservices.ecourts.gov.in/hcservices/

the second respondent herein to pass orders forthwith in the Refund Application made by the petitioner dated 08.09.2004 received by the respondent on 10.09.2004 and 14.09.2004, against Bill of Entry No.488464, dated 08.05.2003 for Rs.9,66,159/- towards excess duty and Rs.5,95,000/- towards excess Redemption Fine and Penalty paid vide TR6 Challan No.98229943, dated 08.10.2003 and to settle and release the refund amount claim of the petitioner.

3.Though the petitioner seeks for a positive direction, it is not known as to whether the application for refund was already disposed of by the second respondent. Therefore, it would suffice to direct the second respondent to consider the petitioner's application if otherwise in order and pass orders on merits and in accordance with law as expeditiously as possible if not already disposed of. The above direction will be complied with within a period of three months from the date of receipt of a copy of this order.

4.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Customs, (Sea-Imports), Custom House, No.60, Rajaji Salai, Chennai - 600 001.

2.The Deputy Commissioner of Customs, (Refund), Refund Department, Custom House, No.60, Rajaji Salai, Chennai - 600 001.

W.P.No.38514 of 2004 GN(05/09/2017) https://hcservices.ecourts.gov.in/hcservices/