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2016 (12) TMI 1031 - MADRAS HIGH COURT

2016 (12) TMI 1031 - MADRAS HIGH COURT - 2017 (347) E.L.T. 15 (Mad.) - Release of bank guarantee - EPCG Scheme - N/N. 44/95 - Held that: - the petitioner is a victim of technicalities. It may be true that on the date when the first respondent adjudicated the show cause notice, the petitioner did not have the requisite certificates. However, the certificates have been issued by the Competent Authority - the certificates are in the possession of the petitioner. Therefore, the petitioner s case sho .....

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t petition itself is taken up for final disposal. 2. The petitioner seeks to quash the Order-in-Original dated 21.2.2011 as confirmed in Order-in-Appeal dated 22.4.2013 and to direct the respondent to release the bank guarantee given by the petitioner firm. 3. The petitioner imported certain machinery under the Export Promotion Capital Goods Scheme (hereinafter referred to as the EPCG Scheme) in terms of Custom Notification No.44/95, in and by which, the petitioner was required to submit documen .....

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the petitioner breached the conditions of the notification and a demand of duty to the tune of ₹ 9,50,000/- along with applicable interest, was issued. The petitioner s appeal was rejected confirming the Order-in-Original. 5. The petitioner again preferred an appeal before the Customs, Excise and Service Tax Appellate Tribunal, which was taken on file and when the matter was pending, the petitioner received relevant certificates from the Joint Director General of Foreign Trade. Therefore, .....

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much in force and that therefore, their request cannot be considered. 6. Therefore, the petitioner again went before the Tribunal by filing an application seeking to revoke the order dismissing the appeal as withdrawn and to restore the appeal, so that appropriate direction can be given. The Tribunal was of the view that at the time of withdrawal, the petitioner did not reserve any liberty to reagitate the matter and therefore, it cannot entertain the application apart from the fact that it has .....

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