2021 (4) TMI 1100

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....ioner no. 1 applied for fulfilling such exported obligation through its group companies after having been unable to fulfil such exported obligation by itself. Subsequently, the petitioner exported the entire value of goods through itself and its group companies. The Foreign Trade Development Officer, by a redemption letter dated 26th October, 2017 certified the fulfillment of the export obligation by the petitioner no. 1 and its group companies. The petitioner no. 1 was also allowed to take the corresponding benefit on fulfillment of such export obligation. All on a sudden, according to the petitioner, the Foreign Trade Development Officer on behalf of the Joint Director General, foreign trade issued a notice dated 19th August, 2019 intimat....

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....Trade Policy for the period of 1st September, 2004 to 31st March, 2009 which came into effect from 1st April, 2007 and the Foreign Trade Policy for the same period which came into effect from 1st Apri, 2008 has been referred to. By referring to clause 5.4 of the said two Foreign Trade Policies a distinction has been pointed out between the said two policies. It is further submitted by the respondents that the EPCG licence of the petitioner is governed by the Foreign Trade Policy which came into effect from 1st April, 2008 since the licence was dated 28th May, 2008. The respondents also submit that so far as to the fulfilment of export obligation by the group company in excess of 50 % is concerned the petitioner has violated the provision un....