9911796707
TMI Blog2021 (3) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... O R D E R The petitioner had imported capital goods under 3 EPCG Licence from manufacture and export of Vanaspati and Margarine. 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 sus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 7(1) of the Foreign Trade (Regulation)Rules, 1993. This order is issued without prejudice to any other action 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 & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the order, or cancel the Importer-Exporter Code Number granted to that person. 6. The learned counsel for 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 ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellation of the there Import and Export code of the petitioner. The jurisdictional officer under the 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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