M/S. Best Corporation Private Ltd vs The Deputy Commissioner (Drawback)
2024 Latest Caselaw 12033 Ker

Kerala High Court

M/S. Best Corporation Private Ltd vs The Deputy Commissioner (Drawback) on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.16026/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                  Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                                  WP(C) NO. 16026 OF 2024
   PETITIONER:

          M/S. BEST CORPORATION PRIVATE LTD. 89/2, AVINASHI ROAD, TIRUPUR,
          TAMIL NADU REPRESENTED BY ITS DIRECTOR, SRI. R.RAJKUMAR, PIN -
          641603

   RESPONDENTS:

      1. THE DEPUTY COMMISSIONER (DRAWBACK), CENTRAL BOARD OF INDIRECT TAXES
         AND CUSTOMS, OFFICE OF THE COMMISSIONER OF CUSTOMS, CU STOM HOUSE,
         WILLINGDON ISLAND, COCHIN, PIN - 682009
      2. THE DIRECTOR GENERAL, DIRECTORATE GENERAL OF SYSTEMS AND DATA
         MANAGEMENT CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, DEPARTMENT
         OF REVENUE, MINISTRY OF FINANCE, 1ST FLOOR, CR BUILDING, IP ESTATE,
         NEW DELHI , PIN - 110095
      3. THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS MINISTRY
         OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, GOVERNMENT OF INDIA,
         PIN - 110001

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 3rd respondent to open the EDI portal to allow the
   2nd respondent to make necessary changes in Exhibits P1 to P3 shipping
   bills.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. M.BALAGOPAL, R.DEVIKA (ALAPPUZHA) & ANJALI MENON, Advocates for the
   petitioner and of SRI.R.HARISHANKAR, Advocate for the respondents, the
   court passed the following:
 WP(C) No.16026/2024                         2/3                        Order Date : 10-05-2024




                           MURALI PURUSHOTHAMAN, J.
                         ---------------------------------------------
                              W.P. (C) No.16026 of 2024
                       -------------------------------------------------
                         Dated this the 10th day of May, 2024

                                          ORDER

The learned counsel for the petitioner refers to Ext.P9

judgment and seeks for similar direction.

2. The learned Standing Counsel seeks time to place

on record a statement.

Post on 23.05.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C) No.16026/2024 3/3 Order Date : 10-05-2024

APPENDIX OF WP(C) 16026/2024 Exhibit P1 TRUE COPY OF THE SHIPPING BILL NO. 5506089 DATED 16.11.2022.

Exhibit P2 TRUE COPY OF THE SHIPPING BILL NO. 5504925 DATED 16.11.2022 Exhibit P3 TRUE COPY OF THE SHIPPING BILL NO. 5502916 DATED 16.11.2022 Exhibit P4 TRUE COPY OF THEORDER DATED 07.09.2023 OF THE 1STRESPONDENT ALLOWING THE APPLICATION FOR AMENDMENT OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE REQUEST DATED 12.03.2024 SUBMITTED TO THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE REQUEST DATED 03.04.2024 SUBMITTED TO THE 2NDRESPONDENT Exhibit P7 : TRUE COPY OF THECIRCULAR NO. 16/2023-CUS DATED 07.06.2023.

Exhibit P8 TRUE COPY OF THESTANDING ORDER NO. 06/2022 DATED 04.07.2022 ISSUED BY THE OFFICE OF THE COMMISSIONER OF CUSTOMS, JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA, TAL. - URAN, DIST. RAIGAD, MAHARASHTRA Exhibit P9 TRUE COPY OF THEJUDGMENT IN W.P.(C) 9040 OF 2024 DATED 04.04.2024.