9911796707
TMI Blog2020 (3) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019, that is even prior to the issuance of the Show Cause Notice. In terms of Rule 9(2) of the Rules, the same was clearly premature and not permissible as on that date proceedings of cancellation of the license of the petitioner had not been initiated in accordance with Rule 10 of the Rules. Proviso to Section 9(4) of The Foreign Trade (Development and Regulations) Act, 1992 mandates grant of reasonable opportunity to the licensee of being heard before suspending the license - The learned counsel for the respondent has also produced before me the office file containing the purported order placing the petitioner on DEL. A perusal of the same shows that it records no reasons for placing the petitioner on DEL. It is merely a note on the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegations have not been substantiated neither the relied upon documents have been supplied to the Petitioner inspite of various reminders in writing and visits by the counsel of the Petitioner, which has caused undue hardship to the Petitioner; 2. It is the case of the petitioner that the petitioner was never supplied with the copy of the order placing the petitioner company in the Denied Entities List (DEL). The learned counsel for the petitioner further submits that in any case, the said order having been passed without issuing any Show Cause Notice to the petitioner or granting an opportunity of hearing to the petitioner, is in violation of principle of natural justice. 3. As far as the Show Cause Notice dated 27.06.2019 is conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose from India through hand carriage. 6. The Show Cause Notice, therefore, merely states that DRI has informed that the petitioner Firm is suspected to be misusing the Advance Authorisation . Details of the allegations against the petitioner have not been given in the Show Cause Notice. 7. As far as the order placing the petitioner on DEL is concerned, the same is stated to have been passed on 26.06.2019, that is even prior to the issuance of the Show Cause Notice. In terms of Rule 9(2) of the Rules, the same was clearly premature and not permissible as on that date proceedings of cancellation of the license of the petitioner had not been initiated in accordance with Rule 10 of the Rules. 8. The Guidelines for maintaining th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e license shall lie under Section 15 of the Act. There is no such order which is even available in the file. 12. The Impugned Order dated 26.06.2019, placing the petitioner on DEL, is therefore, clearly in breach of not only the Act, the Rules but also the Guidelines. 13. In view of the above, the purported order dated 26.06.2019 placing the petitioner on DEL is set aside. As recorded hereinabove, even the Show Cause Notice dated 27.06.2019 is vague and is also set aside. 14. This order, however, shall not bar the respondent from issuing a proper Show Cause Notice to the petitioner and taking action in accordance with law. 15. The petition is allowed in the above terms. There shall be no order as to costs. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
