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2022 (12) TMI 277 - HC - CustomsService Exports from India Scheme - challenge to provisions of Clause 3.08 (f) of the FTP 2015-20, the vires of which in relation to the Parent Act, i.e., the FTDR Act - repugnant to the Parent Act or not - requirement of obtaining IEC - HELD THAT:- As rightly pointed out by Ld. ASG Mr. Balbir Singh, the principal grievance of the exporters that the Government cannot insist upon IEC at the time of export stands satisfied in light of the amendment in para 2.05 of the FTP 2015-20. This Court is also in agreement with the decision of the Bombay High Court in Smarte Solutions [2022 (8) TMI 186 - BOMBAY HIGH COURT], where it was held that The respondents are directed to consider the petitioner’s application without insisting for an active IEC number at the time of rendering services. However, it was brought to the notice of this Court during these proceedings, the said amendment pointed out by Ld. ASG was not brought to light before the Bombay High Court. In view of the amendment made in the FTP 2015-20, this Court does not deem it fit to venture further on individual facts of the present case - It is now open to the Petitioners to raise their grievances before the authorities regarding other reliefs as prayed for in the instant Writ Petitions and the authorities are directed to consider the grievances of the Petitioners, if any, and adjudicate upon them afresh, in accordance with law. Petition disposed off.
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