Radiant Exports vs Principal Commissioner Of ...
2021 Latest Caselaw 2000 P&H

205       IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH

                                               CWP No.10152 of 2020(O&M)
                                               Date of decision : 07.07.2021

Radiant Exports                                        ...... Petitioner

                    versus

Principal Commissioner of Customs & ors.               ...... Respondents

CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
             HON'BLE MR.JUSTICE VIKAS BAHL
                      ***
Present :- Mr. Deepak Gupta, Advocate
           for the petitioner.

          Mr. Sunish Bindlish, Advocate and
          Mr. Gagandeep Singh, Advocate
          for respondents No.2 & 3.

                    ***

AJAY TEWARI, J. (Oral)

By this petition the petitioner has challenged the action of the

respondents in not registering the duty credit scrip issued under

Merchandise Exports from India Scheme by DGFT, Ludhiana on the ground

that an investigation has been lodged by respondent No.2.

The primary contention of the counsel for the petitioner is that an

investigation started in this case on 03.10.2018 (when a search was

conducted on the premises of the petitioner). Almost 3 years have elapsed

and the scrips are valid only uptil 09.07.2021.

Mr. Sunish Bindlish, Advocate has relied upon two orders passed

by the Co-ordinate Bench of this Court in CWP No.8329 of 2014 and CWP

No.8439 of 2014, both decided on 17.10.2014. He further states that he has

instructions from respondent No.3 who has informed him that if the

petitioner is exonerated the scrip can be re-validated.

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Mr. Deeptak Gupta, Advocate has very fairly stated that he would

abide by the orders passed by this Court in the above-mentioned writ

petitions but states that today is already 07.07.2021 and even if 50% of the

scrip value can be claimed, the petitioner would have no time to avail the

benefit because the scrip would be invalid on 09.07.2021.

Mr. Sunish Bindlish, Advocate has very fairly not opposed the

grant of some reasonable time to the petitioner to avail the benefit of the

50% of the scrip which is now going to be registered in terms of the

judgments mentioned above.

In the circumstances, the present petition stands disposed of in the

same terms as passed in CWP No.8329 of 2014 and CWP No.8439 of 2014,

both decided on 17.10.2014 with the further clarification that the petitioner

would have 15 days time to obtain the benefit of 50% of a scrip after the

same is registered by respondent No.1. It is further clarified that the amount

which has been deposited by the petitioner shall not be counted towards

50% which has to be withheld.

Petition stands disposed of in agreed terms as mentioned above.

Since the main case has been decided, the pending civil

miscellaneous application, if any, also stands disposed of.

( AJAY TEWARI ) JUDGE

( VIKAS BAHL ) JUDGE 07.07.2021 Pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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