Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1983 (11) TMI 217

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order]. The petitioners are manufacturers of stainless steel utensils and they are getting allotments from the Minerals and Metals Trading Corporation as actual users. It appears that five R.E.P. licence were obtained by various registered exporters under Policy 77-78 and 78-79 for a sum of Rs. 1,19,237. The said registered exporters transferred their licences to the petitioners herein .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... replied on 9th December, 1978, stating that they had already opened letter of credit on 7th December, 1978, and consequently committed themselves. Notwithstanding this, the first respondent issued a show cause notice on 21st December, 1978, asking the petitioners to show cause why the endorsement already made for the import of stainless steel/sheet thinner should not be cancelled. To this show ca .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itioners filed an additional affidavit on 3rd April, 1979, a copy of which has been served on the then Counsel for the Central Government. In the additional affidavit the petitioners have alleged that the first respondent has issued licences to persons similarly situated like the petitioners, and therefore the impugned order was challenged on the ground of violation of article 14 of the Constituti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ioners were not given reasonable opportunity to put forward their case. 4. In the light of what is stated above, the writ petition is allowed and the impugned order is set aside and if the first respondent considers that the matter should be proceeded with further, it is open to the first respondent to proceed with the matter after giving reasonable opportunity to the petitioner. There will be n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates