Bombay High Court Orders Customs Department to refund 2 crores due to 23-year delay in proceedings;
The Bombay High court recently ordered that ;an amount of 2crores deposited under protest by a company; with the commissioner of customs should be refunded since; there was a delay of 23 year in giving a final order in the proceedings initiated by; customs department against the company.
A bench of chief justice DIPANKAR DATTA and justice MS KARNIK noted that; while the official was right to initiate proceeding violation of law.
Having observed this, the bench directed the commissioner to return the amount 2 crores with interest 12 percent per Anum.
The factual matrix was that a show notice was issued; on April 30,1997 on the ground that the company had indulged in fraudulent export of polyester fabrics duty free import in the contravention of the customs act.
When advocate Pradeep jetty for the commissioner requested for liberty conclude the proceedings; the bench declined since it was the company which had approached the court.
“Had the petitioners not invoked writ jurisdiction of this court, the show cause would have continued to gather dust. The petitioners, in such circumstances, cannot possibly be worse off for seeking a constitutional remedy and there by “the bench reasoned.
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