2018 (11) TMI 626

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..... e writ petition is taken up for final disposal. 2. The petitioner was issued with Export Promotion Capital Goods (EPCG) Licence bearing No. 3230011443, dated 6-2-2008. The Export Promotion Capital Goods Licence requires that the licensee shall comply with the Export Obligation Performance in order to show that he has complied with the obligations. A letter was issued by the third respondent .....

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..... ssued the show cause notice to the petitioner as if he has not fulfilled the export obligations. Thereafter, the impugned Order-in-Original No. 37/2017, dated 31-1-2017 came to be passed by the second respondent. Aggrieved over the same, the petitioner submitted a letter that he has already fulfilled the obligations pursuant to the licence issued to him, but the third respondent had demanded arrea .....

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..... mind, had proceeded as if the petitioner has not fulfilled the export obligations and the impugned order came to be passed because of sheer non-application of mind. Therefore, I have no hesitation to set aside the impugned order. 7. Accordingly, this writ petition is allowed and the impugned Order-in-Original No. 37/2017, dated 31-7-2017 in C.No. VIII/10/207/2015-Adjn., passed by the second .....

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