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2015 (9) TMI 32

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..... er was pending and not disposed of, Assistant Commissioner was directed not to stop exports as long as items are freely exportable – Show cause notice proposing to impose penalty on petitioner for non-fulfilment of export obligation on ground that petitioner did not submit necessary documents to prove fulfilment of export obligation and export business of petitioner was stopped in view of order pa .....

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..... mpany that they had obtained an advance authorization bearing No.0410102678, dated 04.03.2009, from the office of the Additional Director General of Foreign Trade, Chennai, which authorised the petitioner to import synthetic fabric nylon taffeta coated fabric without payment of import duties and the petitioner was under an obligation to use these items to manufacture a fabric called 'cubelite& .....

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..... n Trade, Chennai, for issuance of a redemption certificate, since such certificate was necessary to prove that the petitioner had fulfilled the export obligation cast upon them in terms of the advance authorization mentioned above. In the meanwhile, the office of the Joint Director General of Foreign Trade, Chennai, issued a show cause notice dated 19.02.2013 proposing to impose penalty on the pe .....

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..... nnai, passed an order vide their proceedings dated 28.07.2014, stating that since the appeal preferred by the petitioner is pending and not disposed of, the Assistant Commissioner of Customs Gr-7 (DEEC), Chennai, was directed not to stop the exports as long as the items are freely exportable. With these submissions, he prayed for allowing the writ petition. 3. Mr. S. Xavier Felix, learned coun .....

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..... ctor General of Foreign Trade, Delhi, the respondents are directed to remove the alert in the Electronic Data Interchange (EDI) System issued against the petitioner. Needless to mention that the order of this Court is subject to the result of the appeal now pending before the authority concerned. With this direction, the writ petition stands disposed of. No Costs. M.P. No.1 of 2015 is closed. - .....

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