SURINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) CIVIL APPEAL NO. 255 OF 2008 Abatement is set aside. Delay in filing the substitution application is condoned. Substitution application for bringing on record the legal representatives of deceased appellant is allowed.

(2.) The appellant herein was the sole proprietor of M/s. Rangi International and is carrying on the business of manufacture and export of readymade garments. During the period 1991 -1993, the appellant exported garments to M/s. Pinky Originals Inc. and M/s. Indo American Design Workshop Inc., USA, valued at Rs.45.75 crores, in respect of which the appellant was allowed duty drawback. However, the appellant was not able to realise export proceeds to the extent of Rs.11.73 crores since the foreign buyers were declared bankrupt. Consequently, the appellant applied to the Reserve Bank of India (RBI) to write off the amount as there was no possibility of realizing the aforementioned export proceeds. The RBI granted permission to the appellant subject to certain terms, which the appellant claims to have complied with.

(3.) By notice dated 17.11.1997, the customs authorities in Delhi (Air Cargo Unit) required the appellant to surrender/ repay the duty drawback allowed earlier to the extent of the amount of sale proceeds not realised. The said notice was duly replied.