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TMI Blog2016 (4) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment, but, for the reasons not attributable to the petitioner, this Court has set aside such demand and penalty and remanded the matter to the adjudicating authority for a fresh determination after taking into consideration the EODC obtained - reliance placed in the case of Lifelong India Private Limited Versus Union Of India & Anr. [2016 (4) TMI 1104 - DELHI HIGH COURT] - petition allowed by way of remand. - W.P. (C) No. 3614 of 2015 & C.M. Appl. No. 6450 of 2015 - - - Dated:- 8-4-2016 - S. Muralidhar and Vibhu Bakhru, JJ. Shri M.P. Devnath, Advocate, for the Petitioner. Shri Satish Kumar, SSC, for the Respondent. ORDER This petition challenges the order-in-original dated 14th March, 2014 passed by the Deputy Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance authorisations. It is stated that reminders in this regard were issued on 13th January, 2012, 5th September, 2012, 11th March, 2013 and 19th October, 2013. 5. It is stated that a show cause notice was issued on 10th April, 2013 in regard to the advance authorisation No. 0510219762/2/03/00, dated 25th April, 2008. The petitioner appeared for a personal hearing before the learned Deputy Commissioner of Customs on 13th December, 2013. It is explained that there was a delay in obtaining Export Obligation Discharge Certificate ( EODC ) for reasons not attributable to the petitioners but due to the delay in the office of the DGFT in issuing such certificate. It is stated that ultimately EODC was issued to the petitioner from the office of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) Order dated 15th January, 2016 in W.P. (C) No. 11852 of 2015 (Lloyd Electric Engineering Ltd. v. UOI) (iv) Order dated 29th January, 2016 in W.P. (C) No. 741 of 2016 (Keli Industries Ltd. v. UOI) 9. Accordingly, this Court sets aside the impugned Order-in-Original dated 14th March, 2014 in A.O. No. 139/2014/EPM/DC/ICD/TKD passed by the Deputy Commissioner of Customs, ICD, Tughlakabad and remands the matter concerning licence No. 0510219762/2/03/00, dated 25th April, 2008 to the Deputy Commissioner of Customs for a fresh decision after taking into consideration the EODC obtained by the petitioner from the office of the Additional DGFT in relation to the said advance licence on 20th January, 2015. 10. The writ petition an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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