2025 (10) TMI 281 - HC - Customs

25 Sep 2020 clarification cannot be used to recover already granted duty drawback; authorities must stop invoking it

Kisha Telelinks Private Limited & Anr. Versus Union of India & Ors.

HC held the impugned clarification of 25 Sep 2020 cannot be relied upon for recovering duty drawback already granted. Noting a related decision striking ... Challenge to impugned clarification dated 25 September 2020 based upon which the Drawback already granted to the Petitioners is sought to be recovered - HELD THAT:- In a batch of matters, in Karuna Sachin Deora Vs Union of India & Ors [2025 (10) TMI 189 - BOMBAY HIGH COURT], this Court has taken cognisance of a striking down of the Circular and therefore held that the relief for striking down of the Circular/clarification stands worked out. It is clarified that when processing and deciding the Petitioners’ applications for duty drawback, the Respondents will not be entitled to rely on the impugned clarification dated 25 September 2020. At least prima facie, such an act would amount to judicial indiscipline, which we are sure the concerned Respondents would not like to indulge in. Petition disposed off. ISSUES PRESENTED AND CONSIDERED 1. Whether the impugned clarification dated 25 September 2020 issued by the Central Board of Indirect Taxes and Customs (CBIC) can be sustained, and whether the Court should quash or refuse to give effect to that clarification in adjudicating duty drawback claims. 2. Whether respondents may take coercive steps to recover drawback already granted pending determination of challenges to the impugned clarification. 3. Whether pending or future applications for duty drawback must be processed and disposed of without relying on the impugned clarification, and what scope of adjudication remains open on merits and other contentions. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of the impugned clarification dated 25 September 2020 Legal framework: The Court considers the legal effect of an administrative clarification issued by CBIC and its applicability in adjudication of duty drawback claims; judicial review of executive circulars/clarifications and their binding effect on subordinate authorities. Precedent Treatment: The Court follows the decision of another High Court which had struck down the impugned clarification. That decision has not been interfered with by the Supreme Court and a Special Leave Petition against it was dismissed. Interpretation and reasoning: Having regard to the interlocutory posture and the binding effect of the other High Court's decision not stayed or reversed by the Supreme Court, the Court accepts that the impugned clarification cannot be relied upon. The Court notes that additional rival contentions were placed on affidavit by respondents, but declines to adjudicate those competing merits issues at this stage; the only contention determined is the one directly concerning the impugned clarification. Ratio vs. Obiter: Ratio - The impugned clarification dated 25 September 2020 is set aside and cannot be relied upon by respondents when processing and deciding duty drawback applications. Obiter - Remarks refraining from adjudicating other merit-based contentions raised by affidavit and general statements on judicial discipline. Conclusions: The Court strikes down the impugned clarification and declares that it will not survive as a basis for decision-making by the respondents in processing past, pending or future drawback applications. Issue 2 - Coercive recovery of drawback already granted Legal framework: Principles permitting temporary restraint on coercive executive action where legality of the underlying administrative act is in issue; equitable protection of vested or already-granted benefits pending resolution of legal challenges. Precedent Treatment: The Court notes that, in view of the striking down of the clarification by another High Court and absence of interference by the Supreme Court, it is appropriate to prevent coercive recovery that would defeat effective relief. Interpretation and reasoning: On the basis that the impugned clarification has been struck down elsewhere and that the Supreme Court has not restored it, the Court directs that respondents shall take no coercive steps to recover drawback already granted, at least until further orders. This interim protection is linked to the legal status of the clarification rather than final adjudication on other merits. Ratio vs. Obiter: Ratio - Respondents are restrained from taking coercive recovery steps in relation to drawback already granted insofar as such steps would rest upon the impugned clarification. Obiter - Grant of liberty to parties to apply in case of further orders by the Supreme Court. Conclusions: No coercive recovery shall be undertaken by respondents in respect of already-granted drawback premised on the impugned clarification, subject to future orders and the parties' liberty to seek relief if the Supreme Court acts. Issue 3 - Direction to process and dispose of pending and future duty drawback applications and scope of adjudication Legal framework: Duty drawback claims must be decided in accordance with law and on their own merits; administrative authorities are obliged to process applications without reliance on an invalidated circular. Precedent Treatment: The Court follows the adopted approach of the other High Court decision and a related batch decision of this Court recognizing that relief striking down the Circular stands worked out. Interpretation and reasoning: The Court finds the petitioners' broadly-worded prayer for relief in part too wide, and calibrates relief to direct respondents to process and dispose of pending and future applications for duty drawback. The Court emphasizes that disposal must be in accordance with law and on merits, keeping all contentions except the one based on the impugned clarification open for adjudication. The Court clarifies that reliance on the struck-down clarification would, at least prima facie, amount to judicial indiscipline. Ratio vs. Obiter: Ratio - Respondents must process and decide pending and future drawback applications without relying on the impugned clarification and must do so in accordance with law and merits. Obiter - Cautionary statement regarding judicial discipline and how respondents should conduct themselves. Conclusions: The respondents are directed to process and dispose of the petitioners' pending applications and any further applications for duty drawback; decisions must be on the merits and in accordance with law, and the impugned clarification shall not be relied upon. Cross-references and Ancillary Points 1. The Court expressly limits its determination to the issue of the impugned clarification (which is struck down) and interim relief against coercive recovery; all other rival contentions on merits remain open for adjudication. 2. The Court's directions are founded on and aligned with the judgment of another High Court that struck down the same clarification, a decision which has stood unmodified by the Supreme Court; this inter-jurisdictional posture informs the Court's reasoning and relief. 3. Relief is prospective and administrative: processing and disposal obligations are imposed on respondents, but adjudicatory outcomes on merits are reserved to the appropriate authorities or courts after consideration of all relevant law and facts.