2009 (10) TMI 256

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....he Assistant Commissioner of Customs, Drawback Department, Customs House, Kolkata dated July 21, 2008, Annexure P2 at p.35. 2. The petitioner is a merchant-exporter. It exported goods and for the purpose took credit facilities provided by the Punjab and Sind Bank, 14/15, Old Court House Street, Kolkata-700001. In connection with the exports it became entitled to duty drawback. Customs paid it R....

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....uty drawback in connection with the exports which were made the credit facility provided by it, the customs could not pay the petitioner any amount and that the cheques were to be issued in the name of the bank account the export. 3. The letter of P.J. Khoshy dated June 2, 2008 reads as follows :- "Please stop Drawback payment of DINMAY EXIM AVENUE PVT. LTD. They are a cheater company and ch....

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....ner. Counsel for the Bank has said that P.J. Khoshy has not issued the letter under any provision of any statute, in view of the Reserve Bank of India guidelines which he can produce only if he gets more time. Other banks could not permit the petitioner to open account and encash cheque issued by customs for paying duty drawback until the petitioner paid its dues for recovery of which it has alrea....

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....ence of any legal right entitling the bank to seek payment from customs. I am unable to see how it can claim that customs should issue cheque in its favour. In my opinion, on the basis of the letter dated June 2, 2008 written by P.J. Khoshy customs could not withheld payment of balance duty drawback to the petitioner. I agree with counsel for the petitioner that the petitioner is entitled to payme....