M/S Arcotech Ltd. v. Deputy Commmissioner Of Custom Inland Container Depot (Icd) Patli Gurugram And ANR

CWP-22219-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22219-2020 Date of decision : 23.12.2020 Arcotech Ltd.

....Petitioner V/s Deputy Commissioner of Custom, Inland Container Depot, Patli, Gurugram & anr.

....Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Shekhar Verma, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) Case has been heard through Video Conferencing in view of COVID-19 Pandemic.

Notice of motion.

Mr. Saurav Goel, Advocate accepts notice on behalf of the respondents.

Petitioner has posed a challenge to order, Annexure P-13 whereby his request for making the payment of custom duty in installments was declined. Operative part of the order reads as under:- "Please refer you letter/request dated 16.09.2020 on the above cited subject.

In this regard, it is intimated that competent authority has not accepted the installment payment request as the same is not applicable in the instant case. It has also been desired by the authority to give a firm date immediately by which you will get the goods cleared from warehouse and pay duty and interest. Your reply must reach this office within 07 days from the date of receipt of this letter. "

AJAY KUMAR 2020.12.23 14:30 I attest to the accuracy and authenticity of this document

CWP-22219-2020 We have put a query to Mr. Sourabh Goel, Advocate who has put in appearance on behalf of the respondents as to the reasons for which the request was declined. No clear answer is forthcoming. Even otherwise, we find order is non-speaking in nature. We, thus, quash the order dated 29.09.2020 (Annexure P13) with liberty to the respondents to pass a fresh order after considering representation, Annexure P-12 submitted by the petitioner at the earliest, in any case not later than one month.

Petition is allowed in these terms.

(RAJAN GUPTA) JUDGE (KARAMJIT SINGH) JUDGE December 23, 2020 Ajay Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2020.12.23 14:30 I attest to the accuracy and authenticity of this document