Allowed

M/s.India Pistons Limited v. Joint Commissiner of customs

Madras HC8 Apr 2021WP/5148/2021

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by M/s. India Pistons Limited under Article 226 of the Constitution. The petitioner sought to quash an order that omitted to consider an Export Obligation Discharge Certificate (EODC). After the respondent advised that the omission was inadvertent and the demand must be reversed, the Court quashed the impugned order.

What did the court decide?

Quashed the impugned Order-in-Original No.78204/2020 dated 21.12.2020. Directed the respondents to consider the EODC granted in EPCG Authorization No.0430003348 dated 18.01.2006.

M/s.India Pistons Limited Vs Joint Commissiner of… — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2021

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

W.P. No.5148 of 2021

and

WMP. No.5721 of 2021

M/s.India Pistons Limited, Represented by Chief Financial Officer &

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Company Secretary,

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Mr.K.Balaji, HuzurGardens, Sembiam,

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Chennai, Tamil Nadu – 600 011. .... Petitioner

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Vs.

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1.Joint Commissioner of Customs (EODC -EPCG) Office of the Commissioner of Customs, Chennai IV, Customs House,

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60, Rajaji Salai, Chennai – 600 001.

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2.The Deputy Director General, Office of the Additional Director General

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of Foreign Trade, 4^th Floor,

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Shastri Bhavan Annexe,

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26, Haddows Road, Chennai – 600 006. .... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarified Mandamus to call for the impugned order passed by the 1^st respondent in F.No.S45/194/2006-EPCG-EODC (CH-IV) in Job No.77203/2002 vide Order-in-Original No.78204/2020 dated 21.12.2020 and quash the same as illegal, arbitrary, violative of principles of natural justice and to direct the respondents to consider the EODC granted in EPCG Authorization No.0430003348 dated 18.01.2006.

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For Petitioner : Ms.P.Jayalakshmi

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For Respondents : Mr.M.Santhanaraman, Senior Standing Counsel

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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I had, on 04.03.2021, taken note of the petitioner's contention that the impugned order has been passed omitting to take note of the Export Obligation Discharge Certificate (EODC), that the petitioner stated, was available on record. I had thus noted that if the authority were of the view that the document had been omitted to be taken note of, by inadvertence, he could report the same to the Court on the next occasion.

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Today, Mr.Santhanaraman, circulates written instructions dated 27.03.2021 to the effect that the EODC was indeed omitted to be taken into account and thus the demand raised under the impugned order would have to be reversed. The impugned order-in-original is thus quashed.

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This writ petition is allowed. Connected Miscellaneous Petition is closed. No costs.

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Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
rkp
To
1.Joint Commissioner of Customs (EODC -EPCG)
Office of the Commissioner of Customs,
Chennai IV, Customs House,
60, Rajaji Salai, Chennai – 600 001.
2.The Deputy Director General,
Office of the Additional Director General
of Foreign Trade, 4 th Floor,
Shastri Bhavan Annexe,
26, Haddows Road, Chennai – 600 006.
+1cc to Mr.M.Santhanaraman, Advocate, S.R.No.22505
W.P. No.5148 of 2021
and
WMP. No.5721 of 2021

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GPL(CO) CB(21/05/2021)

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https://hcservices.ecourts.gov.in/hcservices/

M/s.India Pistons Limited v. Joint Commissiner of customs

Case brief

What is this about?

What did the court decide?

M/s.India Pistons Limited v. Joint Commissiner of customs

Case brief

What is this about?

What did the court decide?

What the court decided

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