TMI Blog2022 (6) TMI 1377X X X X Extracts X X X X X X X X Extracts X X X X ..... ers which, is prohibited for export, was found by the Directorate of Revenue Intelligence. HELD THAT:- Taking note of the fact that Ext.P4 does not show any reason compelling the authority to take immediate action, it is opined that Ext.P4 can be set aside directing the respondent to reconsider the matter after affording further opportunity of hearing to the petitioner. Accordingly, Ext.P4 ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to carry out due diligence and follow KYC norms in respect of a export for which the petitioner had filed documents on behalf of the exporter. It is alleged that, in a consignment of oil tanks in respect of which the documents were filed, 2150 Kgs. of red sanders which, is prohibited for export, was found by the Directorate of Revenue Intelligence. 2. The Learned Counsel appearing for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence and the suspension of licence is causing grave prejudice to the petitioner. 3. The Learned Standing Counsel appearing for the respondent Department submits that the petitioner is clearly not entitled to any relief from this Court especially considering the fact that the petitioner was proceeded against earlier also for failing to comply with KYC norms and for failure to verify the genuinen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that nowhere in Ext.P4 order has it been mentioned that the licence of the petitioner was suspended on account of the fact that there were earlier proceedings against the petitioner. It is submitted that Ext.P4 order also does not show any urgency for suspending the licence of the petitioner. He relies on the judgment of the Culcutta High Court in N.C. Singha Sons v. Union of India; 1998 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gly, Ext.P4 order is set aside. Considering the urgency expressed by the petitioner, the respondent shall pass fresh orders within a period of ten days from the date of receipt of a certified copy of this judgment. Though Ext.P4 order has been set aside, I make it clear that the suspension imposed by Ext.P4 will continue to operate till a fresh decision is taken by the respondent as above. The res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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