Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The HC held that the Policy Relaxation Committee's rejection of the petitioner's request for deemed export and terminal excise duty relief under the Foreign Trade Policy was unsustainable because it was a non-speaking order. The Committee had merely stated that no merit or hardship was found, but gave no reasons for that conclusion. As the decision was bereft of reasons, it was set aside and the matter was remanded for fresh consideration in accordance with law. The petitioner's application for policy relaxation was therefore directed to be reconsidered by the Committee within the stipulated period.
The HC held that the Policy Relaxation Committee's rejection of the petitioner's request for deemed export and terminal excise duty relief under the Foreign Trade Policy was unsustainable because it was a non-speaking order. The Committee had merely stated that no merit or hardship was found, but gave no reasons for that conclusion. As the decision was bereft of reasons, it was set aside and the matter was remanded for fresh consideration in accordance with law. The petitioner's application for policy relaxation was therefore directed to be reconsidered by the Committee within the stipulated period.
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