TMI Blog2019 (6) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... ks the following reliefs: (a) That the Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality thereof be pleased to quash and set aside the impugned decision taken in the Minutes of 4th meeting of the EPCG Committee held on 29th August, 2018, inter alia o the EPCG License / Authorization No. 0330007517 dated 30th December, 2004 (Case No. 57; F.No. 01/36/218/149/AM17/ EPCGI) in the case of the Petitioner. (b) That the Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Foreign Trade Policy 2009-14 reads as under: DGFT may pass such orders or grant such relaxation or relief, as he may deem fit and proper, on grounds of genuine hardship and adverse impact on trade. DGFT may, in public interest, exempt any person or class or category of persons from any provision of FTP or any procedure and may, while granting such exemption, impose such conditions as he may deem fit. Such request may be considered only after consulting Committees as under: No. Description Committee 1. Fixation/ modification of product norms under all schemes. Norms Committee 2. Nexus with Capital Goods (CG) and benefits under EPCG Schemes. EPCG Committee 3. All other issues Policy Relaxation Committee (PRC) 4. It is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -TIOL-2150. In all the above, it has been held that non availability of Bill of Export would not lead to denial of benefit of export made to SEZ, if the export to SEZ is evidenced from other contemptuous documents. 7. In the above view, the impugned minutes dated 29th August, 2018 of the EPCG Committee to the extent it held the benefit of export to SEZ will not be available due to absence of bill of export is set aside. It is held that the absence bill of export by itself will not lead to denial of the supplies made to SEZ as exports. 8. Our attention is now invited to the deficiency letter dated 26th November, 2012 wherein the only objection of the Additional Director General of Foreign Trade in not accepting the supplies made to SEZ wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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