SUPREME ART WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the order No.4/2014-Cus dated 28.01.2014 passed by the Second Respondent, to quash the same, further and to direct the Second Respondent to quantify the interest in terms of the Notification No.46/2013-Cus dated 26.09.2013 and P.N. No. 22 (RE-2013) 2009-2014 dated 12.08.2013 issued by DGFT amounting to Rs.48,58,231/- and consequentially direct refund of an excess amount of Rs.22,02,559/- paid by the Petitioner towards interest liability to prove its bonafides.

(2.) The Petitioner has challenged the impugned order passed by the Settlement Commission-Second Respondent on 28.01.2014 denying the Petitioner the benefit of Notification No.46/2013-Cus dated 26.09.2013, Sl.No.22 to the aforesaid notification reads as under:

(3.) The Settlement Commission appears to have referred Circular No.40/2013-Cus dated 09.10.2013 as per which only in the event of bonafide defaults, the benefit of Notification No.46/2013-Cus dated 26.09.2013 read with P.N. No.22 (RE-2013)/2009-2014 can be granted. After the impugned order was passed by the Settlement Commission, the Petitioner filed an application to recall the impugned order and sent several representations to the Settlement Commission praying for recalling the order to give the Petitioner the benefit of Notification No.46/2013-Cus dated 26.09.2013 read with P.N. No. 22 (RE-2013)/2009-2014.