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TMI Blog2018 (11) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 18.05.2016 in dismissing the review application. W.P.No.21209 of 2017 is filed against the order dated 16.05.2017 passed by the 5th respondent. Consequently, the petitioner also seeks for a direction to the 5th respondent to consider the export of alternate product for fulfilment of export obligation with respect of EPCG authorization No.0430000746 dated 12.09.2002. 2. The case of the petitioner in short is as follows: The petitioner Company is in the business of import and export and obtained Import Export Code No.0492020779. They have obtained EPCG authorizations bearing Nos.0430000746 dated 12.09.2002 for import of Vapour Absorption Heat Pump and Membrane Filter Press. With the use of imported goods, the petitioner company has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xport alternative product was inadmissible since the amendment of para 5.4.1 of the FTP was applicable from January, 2004. The petitioner filed a review against the order-in-appeal before the fourth respondent. However, the fourth respondent passed the impugned order-in-review dated 18.05.2016, dismissing the same on the ground that the petitioner company has not established any incorrectness, impropriety or illegality in the adjudication process. The petitioner company once again represented before the fourth respondent stating that EPCG Committee has considered the inclusion of alternate products even for licences issued prior to 2004. However, the second respondent through letter dated 28.06.2016 informed the petitioner that they can fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner is not entitled to have retrospective prospectus, since their EPCG licence had already expired and thus, they are not entitled to export alternative products. 4 . Heard both sides and perused the materials placed before this Court. 5. The petitioner is engaged in the business of import and export. They obtained EPCG authorisation dated 12.09.2002 for import of Vapour Absorption Head Pump and Membrane Filter Press with counter obligation to export Vanaspathi and Margarine in order to get the benefit out of such EPCG licence. It is claimed by the petitioner that they have exported 30.19% of the total export obligation by exporting Vanaspathy and the balance obligation could not be complied with due to the ban imposed between 17.03. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 16.05.2017 are factually incorrect, apart from the fact that the first and second reasons are not preceded with any notice and on the other hand, they are stated as the first time in the impugned proceedings. Insofar as the third reasoning is concerned, the learned counsel sought to rely upon the minutes of the EPCG Committee held on 23.09.2010, taking a decision to permit the alternative product export retrospectively to all those who holds EPCG licence. 7. On the other hand, the learned counsel appearing for the respondent, after reiterating the contentions raised in the counter affidavit submitted that the authorities have considered the claim of the petitioner and found that they are not sustainable, since the petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is any ban in respect of a particular products the period during which such ban is in operation, has also to be given as an extension period for the licence and therefore, the claim made by the petitioner is in order. This again is a matter for the fifth respondent to consider and decide on merits after hearing the petitioner. The third ground is in respect of retrospective application of the permission granted to export the alternative products. When it is contended by the respondent that the said provision was notified in the year 2004 and the same cannot be applied retrospectively, the petitioner's claims that in view of the decision taken in the minutes of the EPCG committee held on 23.09.2010, such permission has to be applied ret ..... X X X X Extracts X X X X X X X X Extracts X X X X
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