TaxTMI 
TaxTMI 
2019 (7) TMI 1261
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....rst respondent, who is also representing Mr.P.Rajkumar Jhabakh, learned junior Standing Counsel (Customs & Excise) on behalf of second respondent are before this Court. 2.With consent of learned counsel on both sides, main writ petition itself is taken up, heard out and is being disposed of. 3.Subject matter of instant writ petition, central theme and the core issue have been encapsulated and captured in earlier proceedings of this Court dated 09.07.2019, which reads as follows: 'This matter is listed under the caption 'FOR ADMISSION' today. 2. Mr.T.Mohan, learned counsel appearing on behalf of the counsel on record for writ petitioner is before this Court. 3. It is submitted that subject matter ....
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....me granted to respond to said SCN is too short, this was pointed out/difficulties in responding expressed, but the same were overlooked and in any event the same is in breach of the procedure adumbrated in Section 8 of Foreign Trade Development Act, which deals with suspension of IECs. b) While the writ petitioner appeared before the Officer, who issued said SCN i.e., Ms.Shakuntala Naik, impugned order has been passed by another Officer viz., Mr.Varun Singh. 8. Faced with the above situation, Mr.K.Srinivasamurthy, learned Senior Panel Counsel Central Government, who accepted notice on behalf of respondent No.1, sought time to get instructions and make submissions. 9. Mr.P.Rajkumar Jhabakh, learned Junior Standing ....
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....refers to the period from the year 2002 till May 2009 i.e., for a period of nearly 17 years, which is voluminous in nature, which requires sufficient time and the same to be produced to this respected authority, as the time period given by this respected authority, as referred to in the SCN is hardly 2 days, that too, the subject SCN was hand delivered to me at my office by the officers working with your goodself office at around 4pm evening on 15.05.2019, which I feel that sufficient breathing time has to be given for me, so as to arrange for the production of the said documents , as requested by this authority in the subject SCN. ' 6. In this regard, attention of this Court was drawn to Section 8 of Foreign Trade Development Act, w....
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....entation in writing within such reasonable time as may be specified in the notice and, if that person so desires of being heard, suspend for a period, as may be specified in the order, or cancel the Importer-Exporter Code Number granted to that person.] (2) Where any Importer - Exporter Code Number granted to a person has been suspended or cencelled under sub-section (1), that person shall not be entitled to [Import or export any goods or services or technology] except under a special license, granted, in such manner and subject to such conditions as may be prescribed, by the Director- General to that person.' (Underlining made by this Court to highlight and supply emphasis) 7. This Court is convinced that time gran....
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....able to be set aside on this ground also. 10. This Court is of the considered view that it would serve the purpose to set aside the impugned order without expressing any opinion on merits and directing the second respondent to afford a fresh personal hearing, pass orders afresh after taking into account the response and records of the writ petitioner. In this regard, there is one other issue that is being raised by the learned counsel for writ petitioner. Adverting to the aforesaid counter affidavit dated 15.07.2019, learned counsel for writ petitioner submits that a reading of Paragraphs 14 and 18 brings to light that the Authority has pre-determined the issue as it has been averred that the writ petitioner has decided to hide the entir....
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.....2019 bearing reference F.No.I (146)/ Addl.DGFT/ECA/Che/AM16 is set aside. It is made clear that this order is set aside only to facilitate a personal hearing to be held afresh and redoing the order. In other words, this order is set aside without expressing any opinion or view on the merits of the matter. b) By consent of both sides, personal hearing shall now be held by the Joint Director General of Foreign Trade, Bengaluru, on 26.07.2019 (Friday) at half-past 11 in the forenoon (11.30am). Though obvious, it is made clear that the venue will be the office of the Joint Director General of Foreign Trade, Bengaluru, which has been set out hereunder: Joint Director General of Foreign Trade, Office of the Additional ....