TMI Blog2023 (6) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... to the passing of the impugned order on 6-2-2013, the petitioner has made a representation before the Joint Director General of Foreign Trade on 12-5-2014 bringing to his notice that the EPCG licence was never used for any import clearance. The petitioner has surrendered the original licence. Thus what appears to have transpired is that the original licence has been procured by the petitioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petition allowed. - W.P. Nos. 16051 and 16052 of 2015 and M.P. Nos. 1, 2 and 2 of 2015 - - - Dated:- 6-1-2023 - Dr. Anita Sumanth, J. Shri B. Satish Sundar, for the Petitioner. Shri V. Chandrasekaran, Senior Panel Counsel, for the Respondent. ORDER The petitioner, a company, has challenged order-in-original dated 6-2-2013 passed by the Joint Director General of Foreign Tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and Regulation) Act, 1992 not be initiated for alleged violation/non-compliance of the licence conditions. 4. The petitioner responded on 17-6-2011 pointing out that it had never utilised the licence. It also sought time to submit evidence in regard to the non-utilisation of the licence. Since no evidence was produced, the impugned order has come to be passed premised upon the position that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n produced before the authority. 7. The Asstt. Commissioner of Customs (EPCG) vide communication dated 5-5-2014 has stated that the TRA enclosed has not been registered in the system but has not denied the surrender of both the original EPCG licence and non-utilisation certificate. 8. In light of the aforesaid discussion, while sustaining impugned order-in-original dated 6-2-2013, the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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