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2015 (10) TMI 1098 - ALLAHABAD HIGH COURT

2015 (10) TMI 1098 - ALLAHABAD HIGH COURT - TMI - Registration of Focus License Rejection on the basis that shipping bills do not match with the records Petitioner contends that no opportunity of hearing granted - Revenue states that the matter has been referred to the higher authority and the license cannot be issued during pending investigation.

Held That:- Petitioner was issued summons to produce documents in their support; as such they did not appear nor produced documents C .....

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Sri H.G.S.Parihar, the learned senior counsel along with Sri Alok Kumar Srivastava for the petitioner, Sri Amit Mahajan, the learned counsel for the petitioner and Sri S.K.Dubey, the learned counsel for the newly impleaded respondent Nos.4 and 5. 4. The petitioners claim to be a partnership firm engaged in the manufacture and export of brass E.P.N.S., iron and aluminum artware, hardware, ready-made garments and other Indian handicrafts. The petitioners alleges that the Government of India floate .....

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he Assistant Commissioner (Customs), Sant Ravi Das Nagar to register the Focus License. The Writ Court, by an order dated 8.7.2015, directed the Chief Commissioner, Customs, Central Excise & Service Tax, Lucknow to take necessary action in reference to the letter dated 19.3.2015 made by the Assistant Commissioner, Sant Ravi Das Nagar within one month. 5. It transpires, that on this issue the Assistant Commissioner, Sant Ravi Das Nagar issued a letter dated 17.11.2014 intimating the petitione .....

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order dated 14.8.2015 intimating the petitioners that since investigation in this matter is in progress, the Focus Licence cannot be registered during the pendency of the investigation. The petitioners, being aggrieved by this order dated 14.8.2015, has filed the present writ petition contending that no opportunity of hearing was granted and that the order was passed by the Assistant Commissioner whereas direction was given by the High Court to the Chief Commissioner, Customs, Central Excise &a .....

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t Licence. The petitioners did not appear nor produced the documents and instead filed Writ Petition No.7300 (M/B) of 2015, which was disposed of by an order dated 14.8.2015 permitting the petitioners to appear before the authority along with the requisite documents within 15 days from the date of the order, i.e., 14.8.2015. Inspite of this order the petitioners did not appear and thereafter filed another Misc. Application No.91852 of 2015 in Writ Petition No.7300 (M/B) of 2015, which was dispos .....

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