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2023 (6) TMI 962 - MADRAS HIGH COURTExport Promotion Capital Goods Scheme (EPCG) for import of capital goods - alleged violation/non-compliance of the licence conditions - HELD THAT:- The petitioner has stated in affidavit that they were unable to procure the licence at the relevant point in time. However, subsequent to the passing of the impugned order on 6-2-2013, the petitioner has made a representation before the Joint Director General of Foreign Trade on 12-5-2014 bringing to his notice that the EPCG licence was never used for any import clearance. The petitioner has surrendered the original licence. Thus what appears to have transpired is that the original licence has been procured by the petitioner, though after passing of the impugned order-in-original. The original customs TRA issued by the Chennai air Customs to Chennai SEA Customs and non-utilization certificate in original are stated to have been produced before the authority - the Asstt. Commissioner of Customs (EPCG) vide communication dated 5-5-2014 has stated that the TRA enclosed has not been registered in the system but has not denied the surrender of both the original EPCG licence and non-utilisation certificate. While sustaining impugned order-in-original dated 6-2-2013, the petitioner is permitted to appear before the Joint Director General of Foreign Trade, Chennai on Monday, the 30th of January, 2023 at 10.30 a.m. without awaiting any further notice in this regard, to pursue its representation filed on 12-5-2014 - Petition allowed.
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