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of <h1>Immediate recovery of erroneously granted Drawback stayed; respondents barred from coercive recovery until final decision</h1> <h3>Kisha Telelinks Pvt Ltd & Anr. Versus Union of India & Ors.</h3> HC refused immediate recovery of Drawback claimed to have been erroneously granted and stayed coercive recovery measures pending further orders. Noting ... Challenge to clarification dated 25 September 2020 based upon which the Drawback already granted to the Petitioners is sought to be recovered - HELD THAT:- In AIMS Retail Services Pvt. Ltd. Vs. Union of India [2025 (2) TMI 596 - DELHI HIGH COURT], the Delhi High Court has already struck down this clarification. It would be appropriate that until further orders, the Respondents take no coercive steps to recover the Drawback already granted to the Petitioners. Rule issued; 'Notice after rule is waived' by counsel for the Respondents. Petition challenges the impugned clarification dated 25 September 2020, pursuant to which recovery of Drawback already granted to the Petitioners is sought. Reference is made to AIMS Retail Services Pvt. Ltd. Vs. Union of India [(2025) Centax 243 (Del.)], in which the Delhi High Court 'has already struck down this clarification.' The Revenue states it is in the process of challenging that decision. Until further orders, Respondents are directed to take no coercive steps to recover the Drawback already granted to the Petitioners. Liberty granted to parties to apply in the event of any orders being made by the Hon'ble Supreme Court on the issue.
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