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2022 (12) TMI 455 - HC - CustomsInvocation of bank guarantee - non-redemption of Export Promotion Capital Goods (EPCG) authorisations which was availed of earlier - HELD THAT:- The Petitioner had originally obtained 58 EPCG Authorisations out of which 33 were redeemed by it. The Petitioner had further surrendered 3 authorisations. At the time when the said writ was considered, 22 authorisations were remaining. The Court after considering the fact that foreign tourism was almost at a nil position during the pandemic had directed the Petitioner to approach the Director General of Foreign Trade (DGFT) by way of a representation. The invocation of the bank guarantee for non-redemption of the EPCG was also stayed by this Court - The representation filed by the Petitioner is still pending and has not been decided. Mr. Rao, ld. Sr. Counsel for the Petitioner submits that thereafter, five more EPCG have been redeemed and there are only 17 which are remaining. In the present writ petition, it is the grievance of the Petitioner that recently, letters have been issued by the Department of Revenue, Office of the Commissioner of Customs- Import, in violation of this Court’s orders, invoking the bank guarantee submitted by the Petitioner without considering the Petitioner’s representation. Further, it is the case of the petitioner that two weeks’ advance notice, in terms of the order extracted above, has not been given to invoke the bank guarantee - the enforcement of the invocation has been kept in abeyance by the Customs Authority. Mr. Vineet Malhotra, ld. Counsel appearing for DGFT submits that the representation is still pending and if a time bound schedule is fixed by this Court, the representation would be decided within the said period. The writ petition is disposed off.
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