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TMI Blog2021 (10) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... e not had no opportunity or avenue to undertake any examination in the matter. However, and fortunately for the petitioner, the matter is still at large, since the show cause notices issued by R2 in respect of the exports undertaken under two licenses, are still pending. The dispute in this matter can thus be resolved by directing the ADGFT to continue the proceedings under show cause notices dated 26.03.2019, hear the petitioner and pass orders on the entitlement to the benefits under the EPCG Scheme. The exercise shall be completed within two weeks from today and shall cover the entitlements of the petitioner in respect of all eight licenses. Let suitable orders be passed in this regard after the petitioner is heard. Till such time the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iencies appear to have been noticed by the Director General of Foreign Trade/R2 and the FTDO/Assistant DGFT (ECommerce) /R3 and deficiencies letters were issued to the petitioner calling for rectification of defects under threat of withdrawal of the benefit under the EPCG Scheme. Once such sample, placed at page no.97 of the compilation of document dated 05.12.2016 states as follows: Sir/Madam, Your Application is deficient due to following reasons: Free S/Bills cannot be considered towards specific E.O. fulfilment. Hence you are requested to regularize the case in terms of para 5.14 of H.B.P. 2004-09. You are requested to remove above deficiencies within a period of 15 days from the date of issue of this letter, otherwis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Policy Circular No.7/2002 confirmed the proposal of the DGFT, vide its order dated 11.07.2002, merely rejecting the request of the petitioner for policy relaxation, on the ground that as the EPCG License number was not mentioned in the free shipping bill, the claim of the petitioner is to be rejected. 6. The petitioner filed written submissions in response to the show cause notices received. However, in view of the pendency of the present writ proceedings, I am given to understand that no further proceedings have been taken in regard to the show cause notices. 7. The petitioner relies upon para 2.58 of the Foreign Trade Policy that, according to it, provides for some relaxation from the rigour of the policy in the following terms: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at were required to be produced by the petitioner/exporter to substantiate its entitlement to the scheme including specifically the licence numbers, the benefits of the scheme cannot be granted to an exporter for the mere asking. 10. Reference is made by learned counsel for the petitioner to Circular No.7 of 2002 dated 11.07.2002, which, according to it, supports its argument that nonmention of EPCG License number and date on the shipping bill relating to exports was only a technical lapse and would not impact its fulfilment of export obligation. 11. Both learned counsel i.e., for the petitioner as well as for the DGFT also refer, in this connection, to Circular No.36 of 2010 dated 23.09.2010, issued by the Central Board of Customs de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port and the concerned authority must convince himself of the position that the exports undertaken by the petitioner were of the nature and specifications that would qualify for the benefit under the scheme. 14. In the present case, since the exports were under free shipping bills, it appears that authorities have not had no opportunity or avenue to undertake any examination in the matter. However, and fortunately for the petitioner, the matter is still at large, since the show cause notices issued by R2 in respect of the exports undertaken under two licenses, are still pending. 15. The dispute in this matter can thus be resolved by directing the ADGFT to continue the proceedings under show cause notices dated 26.03.2019, hear the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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