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TMI Blog2021 (9) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... second respondent. 2. The petitioner is a Company registered under the Companies Act and is involved in the business of setting of a 3180 MW coal based Mega Thermal Power Project in Kothattai, Ariyagoshti and Villianallur Revenue Villages of Chidambaram Taluk, Cuddalore District, with a view to sell power to the Distribution Licensees in the State of Tamil Nadu and other regions. 2. The learned Senior Counsel appearing on behalf of the writ petitioner mainly contended that the Communication dated 02.07.2014 is directly in violation of the notification issued by the Government of India, Ministry of Finance on 17th March 2012 under Section 25(1) of the Customs Act, 1962. The Notification categorically states that 'In case of imports fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the said Communication is not enforceable in respect of the transactions of the petitioner with the Customs Department. 3. The learned Senior Panel Counsel appearing on behalf of the Customs Department made a submission that the Customs Department is bound by the Master Circular issued by the Reserve Bank of India regarding acceptance of Bank Guarantee in DBOD.No.Dir.BC.14/13.03.00/2009-10 dated 01.07.2009. The Communication dated 02.07.2014 was issued in consonance with the Master Circular issued by the Reserve Bank of India and therefore, even if the petitioner is of an opinion that it is aggrieved from and out of such Circular, they have to seek relief from the Reserve Bank of India and certainly not against the Customs Department. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the Reserve Bank of India Master Circular and the Circular issued by the Central Board of Excise and Customs, the respondents issued an impugned Communication dated 02.07.2014 directing the petitioners to opt for an Auto Renewal clause which became a requirement as per the Reserve Bank of India for the purpose of Bank Guarantee for customers purposes. 7. It is relevant to take note of the letter sent by the petitioner on 28.02.2014 to the Deputy Commissioner of Customs, wherein the petitioners have clearly stated as follows. "During the above submission, we had accepted to get Auto Renewal clause duly included in the future bank guarantees. We bring to your kind attention that we are having 19 lenders (various banks & LIC) in our l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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