TMI Blog2017 (7) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... form to the licensing authority - whether the petitioner has fulfilled his export obligation? - Held that: - the department would admit that the petitioner had produced copies of the shipping bills, but the department is insisting upon the originals, which are not available with the petitioner, as they are third party documents and they claim that exports were done through those two third parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government Standing Counsel for R2. 2.1 The petitioner is a Company, engaged in the manufacture of automobile goods, which are exported using machinery imported under the Export Promotion Capital Goods Scheme (EPCG). The petitioner is stated to have manufacturing the components and exported the same through M/s Tata International Limited and M/s Universal Flexible Pvt. Limited. They fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consistent case of the petitioner is that they have completed the export obligation by exporting the products through third party exporters, whose names or details have been furnished by the petitioner. The petitioner would state that since the exports were done through third party exporters, they are not in possession of the original shipping bills, but have submitted copies of those shipping bil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the exporter. In the instant case, the department would admit that the petitioner had produced copies of the shipping bills, but the department is insisting upon the originals, which are not available with the petitioner, as they are third party documents and they claim that exports were done through those two third parties. As observed earlier, if the scheme permits for such procedure, then, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted by the learned counsel for the petitioner that the bank guarantee furnished by the petitioner had expired and not being renewed and an order of status-quo was granted in the writ petition. Learned counsel for the 1st respondent would submit that the bank guarantee has already been encashed. If that is so, then, no further directions are issued in that regard, but, if the bank guarantee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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