Case Deatils: TIL Healthcare Pvt. Ltd. vs. Deputy Commissioner of Customs (BRC-DBK), Chennai (2025) 34 Centax 337 (Mad.)
Judiciary and Counsel Details
- ABDUL QUDDHOSE, J
- Shri S. Raghunathan, for the Petitioner
- Shri B. Ramana Kumar, for the Respondent
Facts of the Case
The petitioner, an exporter, approached the High Court challenging the recovery of Duty Drawback and associated penalty under Section 74 of the Customs Act, 1962. The petitioner submitted that they had already paid the Duty Drawback amount and the penalty as stipulated in the impugned order-in-original and had produced relevant documents to substantiate that they had fulfilled all export obligations with respect to the subject Shipping Bills. The petitioner further contended that they were denied a proper opportunity to defend themselves in the proceedings, as hearings could not be properly attended due to COVID-19 restrictions and the temporary closure of their office. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that the petitioner must be granted an opportunity to defend their case regarding liability to pay the Duty Drawback amount and penalty. The Court observed that the petitioner had produced documents substantiating fulfilment of export obligations in respect of the subject Shipping Bills and had explained non-attendance at hearings due to COVID-19 and office closure. The Court directed that the petitioner be allowed to present their case fully before any recovery could be enforced. Consequently, the matter was remanded for reconsideration.
