M Far Hotels Limited vs Union of India

Antony Dominic, J.—The claim in this writ petition is for duty credit.

Petitioner is a Company incorporated under the Companies Act which has established a. Hotel which is approved by the Director of Tourism, Government of India. Goods were imported by the petitioner under Exts. P9 to P14 bills of entries and Ext. P15 invoice. In respect of the goods thus imported, duty credit claimed by the petitioner was declined and the petitioner got the goods released on furnishing bank guarantee.

During the pendency of this writ petition, the Director General of Foreign Trade has issued Exts. P17 and P18 clarifying the position, as a result of which, the petitioner is entitled to get duty credit in respect of the goods imported under Exts. P9 to P15 referred to above. In view of this clarification, the petitioner is also entitled to avail of the benefit of the duty credit certified under Exts. P5 to P5(d) and P6 licence as well.

In the light of Exts. P17 and P18 clarifications issued by the Director General of Foreign Trade, this writ petition is disposed of clarifying that the petitioner will be entitled to duty credit for the goods imported under Exts. P9 to P15 ad the Bank guarantees furnished by the petitioner will be returned. It is also declared that the petitioner will be entitled to the benefit of the balance amount of duty credit certified under Exts. P5 to P5(d) and Ext. P6 licence as well.

True, the counsel for the department raised an objection that in the absence of a notification issued by the Customs as a consequence of Exts. P17 and P18, the benefit cannot be claimed at this stage. However, having regard to the fact that the Government of India have issued Exts. P17 and P18, I do not think it will be reasonable to require the petitioner to wait until any notification is issued by the Customs Department to get the benefit. Therefore, there is no substance in this objection.

Writ petition is disposed of as above.