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TMI Blog2018 (5) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... t therefore, would take the present matter out of the purview of the Joint Director. The notice issued was a composite notice. The issue of cancellation of licence and imposition of penalty were closely interlinked. He could not have and, he in fact had not severed the notice into a part which he could adjudicate upon and one which he could not - The Director General of Foreign Trade, therefore, committed no error in quashing the order under Section 16 of the Act under which, the Director General has the power on his own motion or otherwise, call for the records or any proceeding of any decision or order made by any officer subordinate to him and satisfy himself as to the correctness, legality or propriety of such decision or order and make such order as may be deemed fit. Petition dismissed. - Special Civil Application No. 14545 of 2015 - - - Dated:- 12-10-2017 - Akil Kureshi and Biren Vaishnav, JJ. Shri Parth H. Bhatt for M/s. Trivedi and Gupta, Advocate, for the Respondent. JUDGMENT [Judgment per : Akil Kureshi, J. (Oral)] - The petitioner No.1 is a company registered under the Companies Act and is engaged in various manufacturing and import-export acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed fit. 3. The petitioner resisted the show cause notice proceedings mainly contending that there was no breach either in obtaining the scrips or in utilizing them. The Joint Director of Foreign Trade passed the order-in-original on 30-10-2013. He accepted the petitioner's contentions and held as under : 38. In the circumstances, I conclude that the Noticee Company has not violated any provision of the FT(DR) Act, Rules thereunder or the EXIM Policy/HBPv1 as well as the Scheme provisions while applying for the benefits under the DFCE Scheme for Status Holders under Para 3.7.2.1 (vi) of the EXIM Policy (RE2003) as amended from time to time and in utilizing the 21 duty credit scrips issued under the Scheme for payment of duties to import goods related to gems and jewelry sector by utilizing DFCE Scheme for Status Holders under the EXIM Policy in the said 199 bills of entries. 39. Based on the above discussions and findings, I, pass the following order : ORDER The SCN dated 25-2-2013 is dropped. 4. The Director General of Foreign Trade issued a show cause notice to the petitioner on 29-5-2015 under which, he proposed to take the order-in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been issued. The FOB value of the incremental exports against individual DFCE in respect of 20 DFCE in ₹ 100 crore each and in respect of 21st DFCE, the FOB value of export of ₹ 116 crore. Hence, clearly, the Jt. DGFT, Ahmedabad has exceeded its financial jurisdiction as given in Notification No. 20, dated 13th June, 2013. 9. Therefore, in exercise of powers vested in me under Section 16 of the FT(DR) Act, 1992 as amended in 2010, pass the following order : ORDER F.No. 18/11/2014-15/ECA-I/262 Dated : 24/25-8-2015 Without going into merits of the case and on the basis of preliminary issue of lack of jurisdiction alone, the Order-in-Original No. 08/F-3/04/AM13/ ECA/ 267, dated 30-10-2013 passed by JDGFT, Ahmedabad is set aside and the case is remanded to the competent authority i.e. Addl. DGFT, Mumbai, for de novo adjudication, taking into account all issues raised by the Department of Revenue in its letter No. 605/49/2012-DBK, dated 21-7-2014. A copy of this order may also be sent to the Department of Revenue so that in case Department of Revenue wants to make any further submissions to Addl. DGFT, Mumb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and cancellation of license. - (1) The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for licence, certificate, scrip or any instrument bestowing financial or fiscal benefits of in respect of any licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted or renewed in such manner as may be prescribed. (2) The Director General or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology, as may be prescribed and, grant or renew or refuse to grant or renew a certificate, scrip or any instrument bestowing financial of fiscal benefit, after recording in writing his reasons for such refusal. (3) .. (4) The Director General or the officer authorised under sub-section (2) may, subject to such conditions as may be prescribed for good and sufficient reasons, to be recorded in writing, suspend or cancel any licence, certificate, scrip or any instrument bestowing financial or fiscal benefits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor General of Foreign Trade Without limit 2 Joint Director General of Foreign Trade Up to ₹ 25 crores 3 Deputy Director General of Foreign Trade/ Assistant Director General of Foreign Trade Up to ₹ 10 crores 4 Development Commissioner, Special Economic Zones Without limit in respect of Export Oriented Units and units in Special Economic Zones 5 Designated Officer, Department of Electronics Information Technology Without limit in respect of units in software Technology Parks (STPs) and Electronics Hardware Technology Parks (EHTPs) 14. From the above provisions, it can be seen that under sub-section (4) of Section 9 of the Act, the Director General or the officer authorized under sub-section (2) would have the power for good and sufficient reasons to suspend, cancel any licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted under the Act. The powers under sub-section (4) of Section 9 thus, c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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