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TMI Blog2011 (4) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... for issuance of licence - Hence the respondents are directed to grant the licence for import of marble blocks - 2523 OF 2011 - - - Dated:- 27-4-2011 - J.P. DEVADHAR, A.A. SAYED, JJ. Mr. Prakash Shah i/by PDS Legal for the Petitioner. Mr. A.S. Rao a/w S.I. Shah for Respondents. ORAL JUDGMENT (Per A.A. Sayed, J. ) :- 1. Rule. Rule made returnable forthwith. By consent taken up for final hearing. 2. By the above petition, the petitioner has essentially impugned the communication dated 10.5.2010 issued by Respondent No. 2 - the Director General of Foreign Trade (DGFT) rejecting petitioner s application for issuance of licence to import marble blocks for the year 2010-11. The petitioner has also prayed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009-14 dated 31.3.2010. 6. The petitioner applied to the Joint DGFT, Mumbai Respondent No. 4 on 3.4.2010 for issuance of licence to import marble blocks in terms of the said notification read with policy circular dated 31.3.2010. 7. The notification No. 36/2009-14 dated 31.3.2010 laid down the eligibility criteria to be satisfied by the units for obtaining licence to import marble which are as follows :- (a) The unit which has applied for licenses to import marble should have installed marble gang saw machine on or prior to 23.12.2009 and the units should have been in operation for five years prior to 1licensing year 2009-10. April of the current (b) The eligible units as per Clause (a) above should have an indigenous sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that there was a discrepancy in the domestic sales turnover shown in the Schedule H of the balance-sheet filed with the R.O.C. for the year 2005-06 and 2006-07 and the domestic sales turnover shown in the Chartered Accountant s Certificate (CAC) and that in the CAC for the relevant years the figure of high seas sales turnover has been included which is not permissible and that there was a deliberate attempt on the part of the petitioner to give an inflated turnover figure for the purpose of import quota under the policy for the import of rough marbles. 11. It is significant to note that the discrepancy stated is that instead of furnishing domestic sales turnover, the total turnover has been furnished. Admittedly, the domestic sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner cannot be penalised on that count by denying him the import quota. 12. The learned counsel for the Union of India also does not dispute the position that the petitioner would not have gained any additional benefit by showing inflated figures from Rs. 22 crores (approx.)to Rs. 24 crores (approx.) in the CA Certificate and that their entitlement would not have been in any manner affected on that count. It is pertinent to note the observations of the Director General of Foreign Trade in his order dated 29.7.2010 which was passed pursuant to the show cause notice dated 19.5.2010 issued to the petitioner for imposition of penalty and suspension/cancellation of IEC code u/s. 8 of the said Act for mis-declaration. The concluding paragraphs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. The learned counsel for the Petitioner has stated before us that although the petitioner has filed an appeal, the same shall be withdrawn. The learned counsel submitted that the petitioner is seriously prejudiced by the denial of import quota to them inspite of being clearly entitled to the same and that the petitioner s business has reduced substantially and that the petitioner is only interested in the import licence for the import quota and that they are not pressing their prayer to set aside the order dated 29.7.2010 imposing penalty of Rs. 1 lakh, (which is paid by them under protest) if the petitioner is granted the important licence. We accept the statements of the learned counsel for the petitioner. 15. Having regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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