Case Details: Gill and Co. Pvt. Ltd. Versus Union of India - (2025) 29 Centax 334 (Guj.)
Judiciary and Counsel Details
- Bhargav D. Karia & D.N. Ray, JJ.
- Shri Hardik P. Modh, for the Petitioner.
- Shri C.B. Gupta, for the Respondent.
Facts of the Case
The assessee, an exporter (hereinafter referred to as the petitioner), had manually cleared goods for export during the period from May 2005 to November 2006. In accordance with procedure, triplicate copies of shipping bills were issued to the petitioner for the purpose of claiming duty drawback under Rule 13 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995. No drawback claim was filed during the relevant period. In 2011, the petitioner reported the loss of triplicate shipping bills and subsequently attempted to lodge the drawback claims. The customs authorities noted that there was a prolonged delay from the year 2006 to 2011, and required the petitioner to explain the cause for such inaction. The petitioner stated that the person handling the affairs of drawback claims had left employment. The authorities found this explanation vague and unsatisfactory, and accordingly rejected the claim. The petitioner then filed a writ petition before the Gujarat High Court challenging the rejection.
High Court Held
The Hon’ble Gujarat High Court held that the drawback claim had been rightly rejected. The Court noted that there was no plausible explanation provided by the petitioner for the delay and laches spanning from 2006 to 2011. It observed that the excuse advanced by the petitioner, namely that the concerned employee had left the organisation, was vague and did not constitute sufficient cause for condoning the delay. The Court affirmed that Rule 13 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 prescribes the procedure for lodging drawback claims, and the petitioner had failed to adhere to the same. The writ petition was accordingly dismissed.
List of Cases Cited
- Commissioner v. Swagat Synthetics — 2008 (232) E.L.T. 413 (Guj.) — Referred [Para 4.10]
- New Pensla Industries v. Union of India — 2017 (354) E.L.T. 231 (Guj.) — Referred [Para 4.9]
- Sarda Energy and Mineral Ltd. — 2012 (286) E.L.T. 451 (G.O.I.) — Referred [Para 4.11]
List of Departmental Clarification Cited
- Public Notice No. 336/2001, dated 10-12-2001 [Paras 3.8, 12]
