1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>Court directs Customs to release due amounts within 4 weeks to avoid interest accrual, contempt, and potential recovery.</h1> The court disposed of the petition as infructuous, directing the Department of Customs to release the due amounts within four weeks. Failure to comply ... Fraudulent availment of incentive drawbacks - Release of drawback incentives - de-freezing of Bank Account - HELD THAT:- It is not in dispute that the export proceeds qua the aforesaid consignment stood released on 30.11.2018 under intimation through on line communication to Directorate General of False Trade (DGFT) - the Department of Customs can no longer maintain the previous objections with regard to the non release of incentive amount due. The petition petition is disposed of as infructuous. Issues:1. Detention of goods and freezing of bank account by DRI based on suspicion of misdeclaration.2. Delay in releasing drawback incentives by Department of Customs.3. Petitioner's plea for direction to de-freeze bank account and release of incentives.Analysis:1. The petitioner, engaged in textile garment export, faced detention of goods and freezing of bank account by the Directorate of Revenue Intelligence (DRI) due to suspected misdeclaration of exported goods' value. DRI detained the container and froze the bank account pending investigation, but later dropped the investigations and issued a no objection certificate for goods release by the Department of Customs.2. The petitioner filed a writ petition against the Department of Customs for not releasing drawback incentives based on the exported goods. The export proceeds were released in November 2018, and the petitioner provided Bank Realization Certificates (BRCs) for the shipping bills. The Customs Department acknowledged the need to release the due amounts of drawback incentives and assured the court of doing so within four weeks.3. Considering the Customs Department's commitment to releasing the incentives, the petitioner agreed that no further adjudication was required in the writ petition. The court disposed of the petition as infructuous, directing the Department of Customs to release the due amounts within four weeks. Failure to comply would result in interest accrual at 9% on the total amount due, with officials facing contempt proceedings and potential recovery of interest from the sanctioning authority.
TaxTMI 
TaxTMI 
