2005 (1) TMI 573

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..... of the parties, writ petition is taken up for disposal. 2.Petitioner is aggrieved by the order passed by respondent No. 2 cancelling Duty Free Replenishment Certificate (in short DFRC ) Licence No.-510071078 and 0510071176. Petitioner is stated to have purchased these DFRC Licences from M/s. Alpha Overseas and M/s. Gunja Impex in the month of November, 2002, for consideration. Petitioner subm .....

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..... ld and as such, they were not in a position to surrender DFRC licences. Respondents thereupon issued show cause notice dated 27-12-2002 to M/s. Alpha Overseas and show cause notice dated 30-4-2003 to M/s. Gunja Impex. There was no response to show cause notice and as such impugned cancellation order was passed. 4.Learned Counsel for the petitioner submits that licences carried in bold letters t .....

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..... issued, falls in Sr. No. J-288 i.e. between J-270 to J-297. It is also not disputed that licences issued under SION J-288 were subject to Actual User condition. Petitioner not being the Actual User cannot have benefit of said licences for import. Note No. 14 or the GENERAL NOTE FOR TEXTILES appearing at Hand Book of Procedures Vol.-II reads as under- Licences issued as per the norms at Sl .....

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..... titioner admittedly is not an actual user and the licences cannot be utilized for import otherwise than by the Actual user. Any such sale would contravene the terms and conditions of the policy and was not permissible. The remedy of the petitioner would lie against the concerned persons from whom it had purchased the licences. Even if the petitioner could have been misled by the use of the standar .....

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..... ences were not permissible that the petitioner came forward to seek transfer in its favour. At this stage, it is noted that petitioner has been heard by Advance Licensing Committee on 15-1-2004. Respondents concluded that as per policy, no relaxation can be given in respect of these items. Hence even if the petitioner was taken to be bona fide purchaser not being an actual user, transfer was not p .....

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