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2016 (12) TMI 829 - BOMBAY HIGH COURTMis-declaration of value - non-fulfilment of stipulated export obligation specified for the first block - cancellation of EPCG authorisation - jurisdiction of Director General of Foreign Trade - licence issued at behest of Director General, Directorate of Revenue Intelligence - Held that: - For the present and when there is no challenge to the statutory power, then, merely because the impugned show cause notice refers to the communication from the Directorate of Revenue Intelligence, it will not be possible for us to agree, on the strength of this alone, with Mr. Shroff that it is the Directorate of Revenue Intelligence which is dictating to the Director General of Foreign Trade as to how the powers under the FTDR Act should be exercised. We do not think that on the present material it can be concluded that the show cause notice is issued only at the behest of the Directorate of Revenue Intelligence. It would not be proper to record any conclusive findings. EPCG licence - Held that: - We are also not impressed at this stage by the argument that the EPCG licences and their terms and conditions are not violated and still a show cause notice is issued only to please the Directorate of Revenue Intelligence. If indeed the EPCG terms and conditions are not violated, then, it will be open for the petitioner to produce such material as is permissible in law. Merely because the show cause notice is issued does not mean that it would result in imposition of penalty. Once all the opportunities are available, then, we do not think that we should interfere with the show cause notice. Petition dismissed - decided against petitioner.
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