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2018 (10) TMI 1578

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..... g to 41 Advance Licenses (as detailed in Ex.W to the Petition) along with certificate that same are lost or misplaced. This, as the Office of Jt. Director of Foreign Trade - Respondent No.3 has called for the same, so as to revalidate the 41 Advance License (lost or misplaced). Besides, the Petitioner seeks a certificate of the duty-foregone on the aforesaid 41 Advance License.   3. It was in the year 1995 that there was a raid on the premises of Petitioner No.1, consequent to information about the breaches of the Customs Act, 1961. At that time, 41 Advance Licenses which are subject matter of this Petition, which were issued in the name of the Petitioner, were taken possession of by the Respondent No.2Customs. Consequent to above, a .....

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..... is the Petitioner's case that it was informed that it would have to obtain a certificate from the Customs, indicating the loss of 41 Advance Licenses along with the computation of duty-foregone on the above License. 7. However, according to the Petitioner, Respondent No.2 Customs is not cooperating, resulting in this Petition being filed. It seeks a direction for the issue of certificate of loss/misplacement of the 41 Advance Licenses and the duty-foregone computation thereon from the Respondent No.2 Customs. 8. Mr. Jetly, learned Counsel for Respondent No.2Customs points out that the documents available with them, were offered to the Petitioner as far back as in early 2017. However, Petitioner for reasons best known to them have not .....

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..... February, 1997/ 9th April, 1997 of the Deputy Director General of Foreign Trade was last heard by the Appellate Authority on 12th May, 2004. Since then, according to the Petitioner, the appeal is still awaiting disposal. Thus, the re-validation of the 29 Advance Licenses which are a part of 41 misplaced licenses (Ex. W to the Petition), would primary depend upon the result of the appeal filed by the Petitioner. Only then the question of the Licenses being produced would arise. 12. In the above view, Mr. Vyas, learned Counsel appearing for Respondent No.3 states that the Appellate Authority - namely Additional Director of Foreign Trade will within a period of six weeks from today, issue notice for a personal hearing to the Petitioner from t .....

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