2009 (1) TMI 509

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..... as the shipments were against free shipping bills and the order passed by the Supreme Court in another case, staying the order passed by the High Court of Gujarat. Relaxation has already been granted to the respondent - Rather the orders have been accepted and even the Minister has accorded his approval. We find difficult to appreciate the stand of the appellant that they have decided not to impl .....

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..... round that the exports made were against free shipping bills. 3. Aggrieved the respondent herein made a petition before the Standing Grievance Committee who, after hearing the respondent and considering the facts of the case, by their order dated 6th October, 2005, had directed as under : The Committee gave patient hearing to the petitioner and noted that the claim of the petitioner for Duty .....

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..... h no export incentive was claimed by the exporter in the shipping bills. The petitioner also stated that he was a manufacturer exporter and the entire exports were manufactured at his factory. The committee appreciated these contentions and was of the view that DFCE claim of the petitioner may be admitted. However as it involved a relaxation of policy, approval of competent authority would be take .....

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..... eport furnished to this Cell. 5. In the order dated 27th February, 2006, it is specifically recorded that approval of Minister of Commerce and Industry for relaxation of the policy in the case of the respondent had been obtained. Still the appellants have refused to implement the order passed by the Standing Grievance Committee forcing the respondent to approach this Court in a writ petition, w .....

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..... een accepted and even the Minister has accorded his approval. We find difficult to appreciate the stand of the appellant that they have decided not to implement orders passed by the Standing Grievance Committee granting relief to exporters which adversely affect the Government s stand in the court of law. The approach itself is counter productive and defeats the very purpose of having a redressal .....

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