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Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
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The High Court held that the rejection letter issued by the Joint Director General of Foreign Trade (JDGFT) rejecting the petitioner's application for grant of Merchandise Exports from India Scheme (MEIS) scrip is appealable u/s 15 of the Foreign Trade (Development and Regulation) Act, 1992. The authority processing the application u/s 9 would be treated as an adjudicating authority for the limited purpose of Section 15, even if not formally designated as such. Consequently, the appeal filed by the petitioner against the rejection letter was maintainable. The High Court quashed the orders rejecting the appeal as non-admissible and the rejection letter, and remanded the matter to the JDGFT for fresh consideration after providing an opportunity of hearing to the petitioner and passing a speaking order.
The High Court held that the rejection letter issued by the Joint Director General of Foreign Trade (JDGFT) rejecting the petitioner's application for grant of Merchandise Exports from India Scheme (MEIS) scrip is appealable u/s 15 of the Foreign Trade (Development and Regulation) Act, 1992. The authority processing the application u/s 9 would be treated as an adjudicating authority for the limited purpose of Section 15, even if not formally designated as such. Consequently, the appeal filed by the petitioner against the rejection letter was maintainable. The High Court quashed the orders rejecting the appeal as non-admissible and the rejection letter, and remanded the matter to the JDGFT for fresh consideration after providing an opportunity of hearing to the petitioner and passing a speaking order.
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