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2016 (4) TMI 1104

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..... the Adjudicating Authority to examine the matter afresh in the light of the EODC obtained by the Petitioner therein subsequently, the Court in the present case sets aside the Orders-in-Original dated 31st March, 2014 passed by the Adjudicating Authority in respect of two advance authorization licenses dated 19th April, 2007 and 13th June, 2008 and directs the Adjudicating Authority to consider the matter afresh in light of the Petitioner having obtained the EODC from the DGFT. As regards Advance Authorization Licence dated 30th March, 2006 it is pointed out that the DGFT is yet to issue the EODC to the Petitioner. However, the Petitioner is confident that the DGFT will now issue the EODC without unnecessary delay and if the matter is rem .....

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..... ocates. For the Respondent : Mr Abhay Prakash Sahay, CGSC And Mr Satish Kumar, Senior Standing counsel ORDER 1. Notice. Learned counsel for Respondent Nos.1 2 accepts notice. 2. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing. 3. The Petitioner is engaged in the supply and manufacture of plastics, pressure die casting components and multiple assemblies thereof. The Petitioner applied for and was granted four Advance Authorization Licences dated 30th March, 2006, 25th October, 2006, 19th April, 2007 and 13th June, 2008. In terms of the said licenses, the Petitioner was permitted to import raw materials at 'Nil' rate of Customs duty and NIL rate of Addit .....

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..... 7. Considering that this Court, under similar circumstances, in the case of Jonson Rubber Industries Ltd. (supra) required the Adjudicating Authority to examine the matter afresh in the light of the EODC obtained by the Petitioner therein subsequently, the Court in the present case sets aside the Orders-in-Original dated 31st March, 2014 passed by the Adjudicating Authority in respect of two advance authorization licenses dated 19th April, 2007 and 13th June, 2008 and directs the Adjudicating Authority to consider the matter afresh in light of the Petitioner having obtained the EODC from the DGFT. 8. Turning now to the Advance Authorization Licence dated 30th March, 2006 it is pointed out that the DGFT is yet to issue the EODC to the P .....

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