TMI Blog2016 (11) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2008, the Court considers it appropriate to set aside the impugned Order-in-Original dated 31st December, 2014 passed by the Additional Commissioner of Customs and remand the matter to the file of the concerned Additional Commissioner for a fresh determination after taking into account the EODC dated 5th November, 2008 issued to the petitioner by the Zonal Joint Director General of Foreign Trad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, by a letter dated 9th December, 2008, it submitted a copy of the EODC to the Commissioner of Customs. 3. It appears that a show cause notice (SCN) was issued nearly six years thereafter to the petitioner on 29th May, 2014, but the petitioner states that it was never served with the said SCN nor the subsequent notices for personal hearing. The impugned Order-in-Original dated 31st Decemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 in W.P. (C) No. 7896/2015 (Jonson Rubber Industries Ltd. v. Union of India). 5. On the last date, Mr. Satish Kumar, learned senior standing counsel appearing for respondent Nos. 2 and 3 sought time to take instructions. Today, he informs the Court that he has not yet received instructions. 6. In view of the unrebutted categorical assertion by the petitioner that it has obtained the EODC ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
