9911796707
TMI Blog2021 (3) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... on 7.1(k) of the Foreign Trade (Regulation) Rule, 1993 - levy of penalty u/s 11(2) of the FTDR Act, 1992 - suspension of IEC under Section 11(7) of FTDR Act, 1992 as amended during 2010 - HELD THAT:- The petitioner has filed the present writ petition and submits that even if the petitioner has not paid the penalty that was originally passed by an order dated 16.01.2014 and subsequently in the remand proceedings. The cancellation of IE Code has to be in accordance with law in terms of Section 8 of the FTDR Act, 1992. The fact remains that a show cause notice 2013 was issued to the petitioner in November by the Assistant Director General of Foreign Trade. In the show cause notice, there was also a proposal as to why the Import and Export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. However, the petitioner was unable to get export discharge the export obligations under the 3 EPCG Licence and therefore a show cause notice was issued by the Assistant Director General of Foreign Trade during November 2013 proposing to show cause as to why:- a. You should not be declared defaulter and placed in the Denied Entity List (DEL) so that benefit under Foreign Trade Policy are stopped including pending/future refusal of licence under Section 7.1(k) of the Foreign Trade (Regulation) Rule, 1993. b. Penalty should not be imposed under Section 11(2) of the FTDR Act, 1992. c. Your IEC should not be suspended under Section 11(7) of FTDR Act, 1992 as amended during 2010. 2. The aforesaid show cause notice culminated in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that may be taken under any other Act, Rules or Regulations in force. 3. Meanwhile, the petitioner approached the respondents for considering the export of Cotton Seed Hulls and Cotton Linters to be considered for discharge of export obligations. These proceedings culminated in several orders in respect of which the petitioner had filed Writ Petitions in W.P.Nos.384 to 386 of 2017 which came to be diposed by a seperate order dated 06.01.2017. Thereafter, an order dated 16.02.2017 was passed by the EPCG Committee, rejecting the request of the petitioner. Again the petitioner once again filed a Writ Petition in W.P.Nos.21208 21209 of 2017 which was again culminated the another order dated 03.04.2019 of the EPCG Committee which was again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner submits that the power to cancel the IE Code is under Section 8 of the FTDR Act, 1992, which contemplates a notice and hearing in support of the order of original authority will be passed. On the other hand, pending disposal of the writ petition challenging the order imposing penalty on the petitioner, the respondents suo motu cancel the registration as it is evident from the website of the respondents indicating that the petitioner-s IE Code has been cancelled. 7. Under these circumstances, the petitioner has filed the present writ petition and submits that even if the petitioner has not paid the penalty that was originally passed by an order dated 16.01.2014 and subsequently in the remand proceedings. The cancellation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Foreign Trade (Development and Regulation) Act, 1992 is directed to issue appropriate show cause notice to the petitioner under the provisions of the aforesaid Act to show casue as to why Import and Export Code of the petitioner should not be cancelled? Such show cause notice may be issued within a period of 30 days of receipt of this order. 12. On such show cause notice being issued within such time, the petitioner shall file a reply within a period of 30 days thereafter. The jurisdictional officer shall thereafter pass appropriate order in accordance with law within a period of 90 days after giving adequate opportunity to the petitioner being heard. 13. The status quo as on date shall continue for a period of 90 days and will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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