CMA CGM LOGISTICS PARK DADRI PVT. LTD. v. UNION OF INDIA AND 4 OTHERS
WTAX/1437/2023 · 2025-03-05
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65306 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65306 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32760-DB Court No. - 40 Case :- WRIT TAX No. - 1437 of 2023 Petitioner :- Cma Cgm Logistics Park Dadri Pvt. Ltd. Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Rajneesh Shukla,Rishabh Kesarwani Counsel for Respondent :- A.S.G.I.,Gaurav Mahajan,Sanjay Kumar Om Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Ms. Riya Soni, Advocate holding brief of Sri Rajnish Shukla, Advocate, assisted by Sri Sunil Kumar Tripathi, learned counsel appearing on behalf of petitioner and Sri Gaurav Mahajan,
learned counsel appearing on behalf of respondents and Sri Sanjay Kumar Om, learned counsel appearing on behalf of respondent no.1.
2. This is a writ petition under Article 226 of the Constitution of India with regard to seeking a writ of mandamus on the respondent-authorities to grant waiver of cost recovery charges deposited by the petitioner under protest from April, 2009 to November, 2015 amounting to a sum of Rs. 3,13,16,626 (Three Crores Thirteen Lacs Sixteen Thousand Six Hundred Twenty Six).
3. We have heard learned counsel appearing on behalf of both the parties and perused the material on record.
4. We are of the view that the present writ petition can be disposed of with a direction upon the petitioner to file a comprehensive and detailed representation seeking the above prayer made in the writ petition before the respondent no.5 being the Principal Commissioner of Customs, Noida Customs Commissionerate.
5. The detailed representation should be filed within a period of three weeks. In the event such representation is filed within a period of three weeks, the respondent no.5 is directed to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order in accordance with law.
6. Needless to mention, if the petitioner's claim is justified, the amount payable to the petitioner should be paid expeditiously.
7. The entire process of hearing and passing of the reasoned order should be completed within a period of eight weeks from the date of filing of the detailed representation.
8. With the above direction, the writ petition is disposed of.
Order Date :- 6.3.2025 Virendra (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad