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2017 (8) TMI 1473

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..... House, Chennai - 2017 (8) TMI 1473 - MADRAS HIGH COURT - TMI - Adjournment of the adjudication of the SCN - Failure of fulfill the export obligations - Held that:- Any endorsement made by an employee of the petitioner, while seeking for an adjournment of the adjudication of the show cause notice, cannot forfeit the right of the petitioner to plead for extension of time - in all fairness, the seco .....

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..... sides, the writ petitions themselves are taken up for final disposal, at the admission stage itself. 2. The petitioner, in both these writ petitions, seeks for the issuance of a Writ of Certiorarified Mandamus to quash the communication sent by the third respondent, directing the petitioner to regularize the entire import to the Customs, as per para 4.49 of HBP 2015-2020, immediately, by placi .....

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..... py marked to the second respondent and the further representation dated 22.05.2017 given to the second respondent, on receipt of the show cause notice, dated 03.05.2017, it appears that certain reasons have been set-out by the petitioner, for not being able to fulfill the export obligations on or before 31.03.2014. However, the sufficiency or insufficiency of the reasons have to be tested by the s .....

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..... s directed to make an endorsement in the very same representation stating as if the entire duty will be paid within 90 days, otherwise, the respondents / Department may take action under the Foreign Trade Development and Regulation Act; according to the petitioner, their Manager had no other option except to accede to the dictates of the Officer in the given facts and circumstances, but that canno .....

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