Union Of India vs The Customs And Central Excise ...
2022 Latest Caselaw 6759 Bom

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          Digitally
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          signed by
 PURTI
          PURTI
          PRASAD
                           ORDINARY ORIGINAL CIVIL JURISDICTION
 PRASAD   PARAB
 PARAB    Date:
          2022.07.19
          11:41:46
          +0530                WRIT PETITION NO. 830 OF 2005

Union of India                                                     ....Petitioner
              V/s.
The Customs And Central Excise
Settlement Commission Mumbai
and Ors.                                                           ...Respondents
                                     ----
Mr. P.S. Jetly, Senior Advocate a/w Mr. Jitendra B. Mishra and Ms. Sangeeta
Yadav for Petitioner.
Mr. Chirag Shetty i/b Economic Law Practice for Respondent Nos. 2 to 4.
                                     ----
                                 CORAM : K.R. SHRIRAM &
                                            MILIND N. JADHAV, JJ.

DATED : 15th JULY, 2022

P.C. :

1. The issue in this petition raised by petitioner, Union of India is

whether the Settlement Commission has jurisdiction to settle the

proceedings initiated by the customs for the recovery of drawback.

2. Mr. Jetly in fairness submitted that this issue is covered by the

judgment of this court in Union of India vs. Cus. & C. EX. Settlement

Commission, Mumbai1 where the court has held that Settlement

Commission has jurisdiction to deal with question relating to recovery of

drawback erroneously paid.

3. In the circumstances, petition stands disposed.

(MILIND N. JADHAV, J.) (K.R. SHRIRAM, J.)

1 2010 (258) E.L.T. 476 (Bom) Purti Parab