STAUNCH NATURAL RESOURCES PVT. LTD. Vs. CESTAT

JUDGEMENT

(1.) The petitioner has prayed for a direction for refund of a sum of Rs. 1,45,39,200.00, which according to the petitioner, has been wrongly withheld by the department. The petitioner has also challenged order dated 20-6-2016 passed by the CESTAT [2016 (344) E.L.T. 932 (Tri. - Ahmd)].

(2.) Brief facts are as under.

(3.) The petitioner is a private limited company and is engaged in the business of export. On 17-11-2011, the petitioner filed a shipping bill with the Commissioner of Customs, Mundra, for export of Iron ore Fines to one M/s. Synergy Resources International Group, China. On self-assessment, the petitioner deposited a sum of Rs. 1,45,39,200.00 by way of export duty at the rate of 20% of the value of the goods on 5-12-2011. The Customs authorities thereupon issued a LET export order on 9-12-2011. Thus, the Customs authorities remitted the petitioner to carry out the export of goods in terms of the shipping bill dated 17-11-2011. It is the case of the petitioner that the export actually could not take place for the reasons which we are not directly concerned with. On 17-12013, the petitioner wrote to the Assistant Commissioner of Customs, Mundra and conveyed as under: