KAKA CARPETS Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. Hidaytullah, learned Senior Counsel appearing for the petitioners and Mr. Jetly appearing for the respondents. Further affidavit filed by the petitioner is taken on record.

(2.) Mr. Jetly appearing on behalf of the respondents states that the Additional Director General of Revenue Intelligence, Mumbai and the deponent of the affidavit in sur rejoinder, Dr. Umair Mir are both present in Court.

(3.) The affidavit in sur rejoinder nowhere states that the petitioner's drawbacks are withheld. Rather the affidavit amply clarifies that the drawback relating to fresh export has been processed. Mr. Jetly, on further instructions, states that only those drawbacks are not sanctioned where shipping bills are under investigation. There is no blanket direction to hold back the claims and particularly in relation to drawback. Mr. Jetly submits that the affidavit points out as to how the sanction/disbursement of drawback in a particular shipment takes some time, usually a period of a month after filing of export bills by the shipping line. The actual processing of the drawback claim also takes sometime. There are lot of shipping bills and which have been placed serially or in a queue. That is why these requests and the sanction thereof takes some time. In such circumstances, on instructions, it is stated that within a period of 30 60 days from the date of shipment, the drawback claims in relations to the petitioner would be processed and duly sanctioned. This would be the process followed in relation to all the drawback claims where the shipping bills are not under investigation.