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2017 (3) TMI 217 - HC - CustomsCancellation of Advance licence - Duty Exemption Scheme - During the pendency of the writ petition, the petitioner was heard by the Advance Licensing Committee on 21.09.1999 which decided that because of quantitative factors relating to non-fulfilment of export obligation under the Advance Licence and absence of evidence about use of packing material, the exports made by the petitioner was not eligible for grant of the relief of conversion of the exports into the duty drawback system - Held that: - the EXIM Policy itself makes ample provision for discharge of export obligation in non-convertible India Rupees apropos exports ‘from India against liquidation of Rupee balance to the credit of erstwhile RPA countries’. The RBI had permitted release of advance payment in the petitioner’s account for the agreed exports - The petitioner has affected exports of the relevant amount. It neither mis-represented nor mis-declared any information for the grant of the Advance Licence. The RBI has clarified that the ‘transaction in question pertains to exports from India against liquidation of rupee balance of the erstwhile USSR.’ Therefore the respondents’ contention that the EXIM Policy did not permit the discharge of export obligation in Indian Rupees, is untenable - petition allowed - decided in favor of petitioner.
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