Ginger Fashions Pvt. Ltd Vs Union of India (Kerala High Court)
Kerala High Court held that for claiming benefit of drawback it is not necessary that extension should come from the Reserve Bank of India itself as the AD-I bank are authorized to grant such extension. Accordingly, writ disposed with direction to reconsider the claim.
Facts- The petitioner is engaged in the export of garments to various countries. The petitioner has approached this Court, being aggrieved by the impugned order, by which the revision petition filed by the petitioner against the order declining the drawbacks claimed by the petitioner for the exports made by him by way of two shipping bill were declined.
Conclusion- Held that it is to be clarified that, if the amount received by the petitioner was within the period of an extension as required in Rule 16A, then the petitioner should be entitled to get the benefit of drawback. It is also to be noted that, going by Master Circular, it is not necessary that extension should come from the Reserve Bank of India itself as the AD-I bank are authorized to grant such extension. Therefore, the question as to whether the receipt of the amount was on the basis of extension as contemplated under Section 16A is a matter which requires to be considered. Since such a consideration is could not be made in any of the impugned orders, I am of the view that it needs to have a reconsideration.
