TMI Blog2023 (1) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the petitioner have been set out. In terms of the said show cause notice, the petitioner has been called upon to show cause as to why penal action should not be taken against the petitioner under Section 13 14 for violation of Section 8 and 11 of the FTDR Act. This Court considers it apposite to set aside the order dated 31.08.2022 and direct that the petitioner s IEC be restored forthwith - Petition allowed. - W.P.(C) 15197/2022 & CM APPL. 50563/2022, 50565/2022 - - - Dated:- 11-1-2023 - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE AMIT MAHAJAN For the Petitioner : Mrs. Anjali Jha Manish with Mr. Priyadarshi Manish Ms. Divya Rastogi, Advocates. For the Respondent : Mr. Asheesh Jain, CGSC with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 11.05.2022 and had also issued a reminder dated 06.06.2022, giving full opportunity to the petitioner to show cause as to why its IEC not be cancelled. The petitioner s IEC was suspended by an order dated 31.08.2022. 6. Section 8 of the FTDR Act is set out below: 8. Suspension and cancellation of Importer-exporter Code Number.- [(1)Where- (a) any person has contravened any of the provisions of this Act or any rules or orders made thereunder or the foreign trade policy or any other law for the time being in force relating to Central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the Central Government by no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, in such manner and subject to such conditions as may be prescribed, by the Director-General to that person. 7. A plain reading of Section 8 of the FTDR Act indicates that the DGFT or any officer authorised by him can cancel or suspend of the IEC of any person if any of the circumstances as specified in clauses (a), (b) and (c) of Section 8(1) of the FTDR Act exist or any of the conditions set out therein are satisfied. Section 8(1) of FTDR Act makes it mandatory that a show cause notice stating the grounds on which such an action is proposed be issued to the concerned person and he be afforded a reasonable opportunity to be heard before any adverse action is taken. 8. A plain reading of the notice dated 11.05.2022 indicates that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31.08.2022 and direct that the petitioner s IEC be restored forthwith. 15. The petitioner shall treat the show cause notice dated 15.11.2022 as also a show cause notice under Section 8 of the FTDR Act calling upon the petitioner to show cause as to why its IEC may not be suspended or cancelled on the ground as set out in the said show cause notice. This would be in addition to other penal action as proposed in the said notice. 16. The petitioner is at liberty to respond to the said show cause notice within a period of two weeks from today. All rights and contentions of the petitioner in this regard are reserved. 17. The respondents shall consider the petitioner s response and pass a speaking order within a period of four weeks ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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