Applicant sought to speak to minutes regarding pending refund. Court modified order to allow refund of Rs. 45,07,704/- upon execution of an indemnity bond to safeguard against third-party claims.
Refund of Rs. 45,07,704/- to be permitted upon execution of an indemnity bond.
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IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 340 OF 2014 IN
WRIT PETITION NO. 152 OF 2014
ASSISTANT COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX Versus M/S. HIRA STEEL LTD.,
... Applicant
... Respondent
Mr. Carlos Alvares Ferreira, Assistant Solicitor General for the applicant.
Mr. Krishnamohan Menon and Mr. Purushottam R. Karpe, Advocates for the respondent.
Coram:F. M. REIS &
Z. A. HAQ, JJ.
Date:6th May, 2014
P.C.
Heard Mr. C. A. Ferreira, learned Assistant Solicitor General for the applicant and Mr. K. Menon, learned counsel appearing for the respondent.
2
duly produced by the respondent which enabled them to effect the said refund. The learned counsel appearing for the respondent/original petitioner states that as far as the second amount of Rs.45,07,704/- is concerned, the respondent is not in a position to produce such BRC as it is not available. Mr. Ferreira, learned Asst. Solicitor General appearing for the applicant upon instructions states that in the peculiar facts of this case, the applicant would refund the said amount of Rs.45,07,704/- subject to the respondent executing an indemnity bond to the satisfaction of the applicant against any third party claim in respect of the said amount being refunded to the respondent. This order is being passed in the peculiar facts of the case in view of the said statement of Mr. Ferreira, learned Asst. Solicitor General appearing for the applicant only in respect of the said refund of Rs.45,07,704/- which is the subject matter of the present application. The order passed by this Court dated 26.03.2014 is accordingly modified in the above terms as far as the said sum of Rs.45,07,704/- is concerned. Apart from the said modification, the order passed by this Court shall continue in operation.
Z. A. HAQ, J. F. M. REIS, J.
at*
ASSISTANT COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX
M/S. HIRA STEEL LTD.
F. M. REIS
Z. A. HAQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
