2021 (3) TMI 1015

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....ission itself. 3. This writ petition has been filed challenging the impugned Communication sent by the 1st respondent on 05.10.2020 under the provisions of the Foreign Trade (Regulation) Act, 1993 and its Rules putting the petitioner firm under the "Denied Entity List" (DEL). 4. The petitioner has challenged the impugned Communication primarily on the ground of violation of principles of natural justice. 5. According to them, despite sending a detailed objection to the show cause notice issued by the respondents, the same has not been considered and without affording a fair hearing, the impugned order has been passed. Further, it is the case of the petitioner that imports were made by them when the notifications issued by the respo....

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...."Denied Entity List" (DEL). 8. Rule 7 of the Foreign Trade Regulation Rules, 1993 reads as follows :- 7. Refusal of licence.- (1) The Director General or the licensing authority may for reasons to be recorded in writing, refuse to grant or renew a[license, certificate scrip or any instrument bestowing financial or fiscal benefits]if-- (a) the applicant has contravened any law relating to customs or foreign exchange; (b) the application for the [license, certificate scrip or any instrument bestowing financial or fiscal benefits] does not substantially conform to any provision of these rules; (c) the application or any document used in support thereof contains any false or fraudulent or misleadi....

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....the Policy; (k) the applicant fails to produce any document called for by the Director General or the licensing authority; (l) in the case of a [license, certificate scrip or any instrument bestowing financial or fiscal benefits] for import, no foreign exchange is available for the purpose; (m) the application has been signed by a person other than a person duly authorised by the applicant under the provisions of the Policy; [(n) the applicant has attempted to obtain or has obtained or has erroneously claimed Terminal Excise Duty, duty drawback, cash assistance benefits admissible to Importer-exporter Code holder or any other similar benefits from the Central Government or any agency authorised by the Cen....

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....lation) Rules, 1993. However, as seen from the impugned order, no reasons have been given for putting the petitioner under the "Denied Entity List" (DEL). The petitioner has admittedly given a reply to the show cause notice, dated 20.07.2020 issued by the respondents on 05.02.2020. The same has been admitted by the respondents. In the reply to the show cause notice dated 05.02.2020, the petitioner has contended that they have not violated the provisions of Foreign Trade (Regulations) Rules, 1993 in view of the fact that the imports were made by them, pursuant to interim stay order granted by this Court in respect of the notifications issued by the respondents. As seen from the reply dated 20.07.2020, the petitioner has raised several conten....