Court Orders Issuance of Certified Copy of Customs Act Order Despite Previous Service Claims. The HC granted the petitioner's request for a certified copy of the order in original dated 26.12.2022 under the Customs Act, 1962. Despite the ...
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Court Orders Issuance of Certified Copy of Customs Act Order Despite Previous Service Claims.
The HC granted the petitioner's request for a certified copy of the order in original dated 26.12.2022 under the Customs Act, 1962. Despite the respondents' claim that the order had already been served, the court directed them to issue the certified copy within thirty days of receiving the court's order.
Issues: Petitioner seeks a certified copy of the order in original dated 26.12.2022 u/s Customs Act, 1962.
The petitioner, engaged in the export business of footwear, availed duty draw back with the condition of realizing export proceeds within the prescribed time limit. Claiming that export proceeds were realized and relevant documents obtained, the petitioner received a communication referring to the order in original dated 26.12.2022. Requesting a copy of the order as they did not possess one, the petitioner filed a writ petition seeking a direction for the issuance of a certified copy.
The petitioner's counsel presented documents to show that export proceeds were indeed realized and necessary documents were available, emphasizing that the petitioner was not served with a copy of the order in original.
The respondents' senior standing counsel argued that providing another copy of the order was unnecessary if it had already been served on the petitioner as per the Customs Act, 1962.
The court granted the relief sought by the petitioner, directing the respondents to provide a certified copy of the order in original dated 26.12.2022 within thirty days from the date of receipt of the court's order, regardless of whether a copy had been previously served.
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