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TMI Blog2023 (1) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... d the present petition, inter-alia, impugning an action of the respondents suspending the petitioner's Importer Exporter Code "bearing No. AAGCD26981". 2. The petitioner states that its Importer Exporter Code (hereafter 'IEC') was suspended in violation of Section 8 of the Foreign Trade (Development & Regulation) Act, 1992 (hereafter "the FTDR Act"). 3. It is the petitioner's case that Section 8 of the FTDR Act requires the Director General of Foreign Trade (hereafter "DGFT") or any other officer authorized by him to give a notice in writing, informing the concerned importer/exporter that it intends to suspend or cancel his IEC, and the grounds on which such an action is proposed. The concerned importer/exporter is required to be afforded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of, or services or technology provided from, the country; or (c) any person who imports or exports specified goods or services or technology, in contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy, the Director General or any other officer authorized by him may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the Importer-exporter Code Number and after giving him a reasonable opportunity of making a representation in writing w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 31.08.2022 is also a non-speaking order. It does not indicate any ground for suspending the petitioner's IEC; It merely mentions that there is a violation of Section 8 of the FTDR Act. 10. In view of the above, we find merit in the contention that the petitioner's IEC has been suspended without following the procedure as required under Section 8 of the FTDR Act. 11. Learned counsel for the DGFT states that after the petitioner's IEC has been suspended, DGFT had issued show cause notice dated 15.11.2022, clearly setting out the grounds on which actions were proposed against the petitioner. 12. A perusal of the said notice indicates that certain grounds for taking action against the petitioner have been set out. In terms of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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