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TMI Blog2007 (11) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... Khaitan Co., for the Petitioners S/Shri A.M.Sethna with Ms.A.Gokhale and H.P.Chaturvedi for Respondents [Order]P.C.1. The petitioner's name was entered in what is described as the 'Denied Entities List'. Provision for such a list is under rule 7 of the Foreign Trade Regulation Rules, 1993. It is the case of the petitioner that they were not given an opportunity before their name was included in the list. The effect of the name appearing in the 'Denied Entities List' has civil consequences. They were also not given an opportunity of being heard before their name was entered in the 'Denied Entities List.' 2. On behalf of the revenue, Mr. A. S. Shinde, Deputy Director General of Foreign Trade has filed an affidavit. It is his c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the information supplied should be adequately examined from the point of view denial of benefits under the Rules/Act. If evidence is found to be insufficient, agencies may be informed that more evidence will be needed before denial of the benefits can be pronounced under the Rules/Acts and will mention the reasons why the licensing authority thinks that there is no sufficient evidence to invoke rules relating to the refusal of license. If external agencies have supplied evidence to the satisfaction of the licensing authority, he shall place the firm in the DEL after issuing a speaking order against the erring firm without disclosing the source of information in the denial order." 4. Revenue relies on the said para for their action. A re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bear communicationreceived by the respondents from the DRI. Therequirement of para 2 of the Circular dated 31stDecember, 2003 was not satisfied before the actionwas taken. In the light of that, the inclusion ofthe name of the petitioner in the 'Denied EntitiesList' was without authority of law and the order hasto be set aside on this count alone. 7. The effect of the petitioner's name beingentered in the 'Denied Entities List' results incivil consequences. The Circular itself in para 3(c) contains a provision that the authority wouldstrictly adhere to the principles of naturaljustice. In other words, this would require givingan opportunity to the parties likely to be effectedbefore passing the order. In the instant case, thiswas no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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