2009 (7) TMI 840

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..... dvocate, for the Respondent. [Order]. - The Court : The writ petitioners have challenged an order of March 12, 2008 passed by the Deputy Director General of Foreign Trade under Rule 7(1)(k) of the Foreign Trade (Regulation) Rules, 1993. 2. Though the petitioners rely on an earlier notice of July 6, 2004 as the basis for the order of March 12, 2008, it appears from the order itself that th .....

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..... A value based advance licence is distinct from the quantity based advance licence provided for at paragraph 111 of the handbook. 4. The notice of January 2, 2006 implied that the petitioner company had imported, in terms of quantity, more than what was permissible for the petitioner company to do considering the conditions of the licence. The petitioners refer to paragraph 110 of the handbo .....

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..... , entitled to know the basis for the authority arriving at such conclusion, particularly considering that the petitioners had contended that they had a value based licence and not a quantity based advance licence. 7. Since no affidavit can improve the order dated March 12, 2008, once the fundamental basis of the challenge is appreciated, such order of March 12, 2008 is set aside and the Depu .....

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