High Court Kerala High Court

Swadeshi Imports & Exports vs Union Of India on 7 August, 2009

Kerala High Court
Swadeshi Imports & Exports vs Union Of India on 7 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19928 of 2009(I)


1. SWADESHI IMPORTS & EXPORTS,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA,REP.BY THE SECRETARY
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER OF CUSTOMS

                For Petitioner  :SRI.ASWIN GOPAKUMAR

                For Respondent  :SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX

The Hon'ble MR. Justice V.GIRI

 Dated :07/08/2009

 O R D E R
                             V.GIRI,J.
                      -------------------------
                  W.P ( C) No. 19928 of 2009
                      --------------------------
                Dated this the 7th August,2009

                        J U D G M E N T

Petitioner has approached this Court aggrieved by

the alleged delay on the part of the respondents in

effecting refund of the excess redemption fine and penalty

that came to be paid by the petitioner, pursuant to an

order passed by the original authority.

2. Petitioner had imported polished marble slabs

of 2cm thickness of various varieties. Respondents raised a

dispute regarding the classification of the item.

Proceedings were taken under Section 111 of the Customs

Act and after a personal hearing by Ext.P1 order the Joint

Commissioner of Customs found that the goods are liable

to be confiscated and permitted redemption of the same on

payment of fine of Rs.18 lakhs and penalty of Rs.2 lakhs.

An appeal filed by the petitioner against the Commissioner

of Customs (Appeals) was allowed in part and there was

reduction of the fine amount as also the penalty. Pursuant

to Ext.P2, an application for refund was filed by the

W.P ( C) No. 19928 of 2009
2

petitioner as per Ext.P3 along with the originals of the

documents as prescribed by the Customs Refund

Application (Form) Regulations 1995.

3. The Department challenged Ext.P2 in an appeal

before the Customs, Excise and Service Tax Appellate

Tribunal which also came to be dismissed as per Ext.P4

order dated 29.6.2009. Writ petition was filed alleging

delay in the process of the refund application in spite of the

order of the appellate authority having been affirmed by

the CESTAT.

On instructions, learned counsel for the Department

submits that the order passed by the Tribunal has been

presently accepted by the department and the amount due

by way of refund shall be disbursed within a period of one

month from the date of receipt of a copy of this judgment .

This shall be done. Writ petition is disposed of accordingly.

(V.GIRI,JUDGE)
ma

W.P ( C) No. 19928 of 2009
3

W.P ( C) No. 19928 of 2009
4