ATM INTERNATIONAL Vs. JOINT DGFT

JUDGEMENT

(1.) This petition has been filed for a direction, inter alia, to the effect that the respondents should release the Duty Entitlement Passbook Scheme (DEPB) benefit to the petitioner.

(2.) It is stated that the petitioner exported certain goods in February, 2002 and is entitled to the benefit for the said export. Representation was made for acknowledging the claim of the petitioner. Though, an objection was initially raised, the petitioner clarified the matter and again requested for release of the claim. Finally, vide letter dated 21-3-2005, Annexure P.10, the petitioner received an information that DEPB could not be issued till receipt of further instructions from Commissioner of Custom, ICD, TKD, New Delhi, respondent No. 2. The petitioner has pointed out that respondent No. 2 was not concerned in the matter and that the petitioner has not received any show cause notice nor any investigation was pending and on this aspect, decision ought to be taken by the respondent.

(3.) In spite of two opportunities having already been given, no reply has been filed.