TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1045
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....iginally valid for a period of 18 months and was subsequently revalidated by the DGFT on 23.03.2023, with retrospective effect from 04.09.2022 to 04.03.2023. 3. In W.P(C) 7408/2025, the subject matter concerns Import Authorization No. 0519252466 dated 27.01.2021, issued by the DGFT to the petitioner for the import of parts of air weapons. The said authorization, originally valid for 18 months, was granted first revalidation by the respondent on 19.05.2022, thereby extending its validity until 26.01.2023. 4. In W.P(C) 7411/2025, the subject matter pertains to two Import Authorizations, issued by the DGFT to the petitioner: (i) Import Authorization No. 0519244138 dated 23.10.2020 issued for import of parts of handguns and air weapons, originally valid for a period of 18 months and revalidated until 22.10.2022; and (ii) Import Authorization no. 0519244145 dated 23.10.2020 issued for import of parts originally valid for a period of 18months and revalidated until 22.10.2022. 5. At the outset, the controversy involved in all these matters is identical. Accordingly, for the sake of convenience and with the consent of learned counsel for the parties, W.P.(C) 7411....
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....ation pertaining to the petitioner's licenses and consignments detained by the Customs authorities, ultimately concluded in favour of the petitioner, with the Supreme Court's dismissal of the SLP filed by the respondent against the judgment dated 29.08.2024 passed in LPA No. 695/2022, vide order dated 06.12.2024. 13. The petitioner contends that it has been subjected to systematic arbitrariness and discriminatory treatment by the respondent, as evidenced by the pattern of litigation and the non-processing of its application/request for revalidation of Import licenses. 14. It is further submitted that, following the conclusion of litigation in favour of the petitioner, and at the suggestion of the respondent, the petitioner submitted applications before the Policy Relaxation Committee (PRC) seeking revalidation / extension of the Import licenses dated 23.10.2020, for the period of 12 months, in view of the fact that the licenses remained largely unutilized due to the pendency of litigation. 15. The aforesaid applications filed before the PRC came to be considered in the meeting dated 28.04.2025. The relevant extract of the minutes of the meeting dated 28.04.2025 are as unde....
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....t. However, we have been advised to approach PRC in the matter. 7) Sir, our company as suffered heavily financially due to prolonged legal battle. It may be noted that we still have advances with our suppliers against ORM No. ORM0005220725133 dt. 01.07.2022 & ORM0031220743710 dt. 22.08.2022 with our contractual obligations to import parts as ordered. As per RBI guidelines we must get these ORMs knocked off against imports which are stuck due to non-renewal of our license. It may be noted that these articles also require export permit from exporting country which takes up to 10 months. Therefore, we request for revalidation of this license for 12 months from the date of revalidation. We humbly request that we may be given Personal Hearing to explain the entire case in person to facilitate you to take a sympathetic view in granting Revalidation of the Licenses. Decision: The Committee went through the statements made by the firm and discussed the matter at length and observed that the applicant has not submitted any cogent reason/ justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request. ....
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....fault on our part. However, we have been advised to approach PRC in the matter. 7) Sir, our company has suffered heavily financially due to prolonged legal battle. It may be noted that we still have advances with our suppliers against ORM No. ORM0005220725133 dt. 01.07.2022 & ORM0031220743710 dt. 22.08.2022 with our contractual obligations to import parts as ordered. As per RBI guidelines we must get these ORMs knocked off against imports which are stuck due to non-renewal of our license. It may be noted that these articles also require export permit from exporting country which takes upto 10 months. Therefore, we request for revalidation of this license for 12 months from the date of revalidation. We humbly request that we may be given Personal Hearing to explain the entire case in person to facilitate you to take a sympathetic view in granting Revalidation of the Licenses. Decision: The Committee went through the statements made by the firm and discussed the matter at length and observed that the applicant has not submitted any cogent reason/ justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.....
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....ce dated 25th February, 2021 issued under the Foreign Trade (Development and Regulation) Act, 1992. Further vide its order dated 19.03.2021 passed in WP High Court was pleased to grant interim protection to the applicant. That as the issue remained pending before the Court. Firm was constrained to stopped the further import of Arms from foreign suppliers. Thereafter vide Order-in-Original dated 16.06.2021 DGFT permitted to release the 28 weapons imported by the Applicant under import authorisation for the purpose mentioned in the original application. Further DGFT also disposed of the SCN dated 25.2.201 and also directed applicant once again to surrender his Import License. The Order-in-Original dated 16.06.2021 led to further filing of Applications before both Hon'bIe Delhi High Court was again pleased to grant interim protection to the applicant qua its import license. That WPC 2600/2022 filed before the Hon'ble Delhi High Court as well as various complaints filed before other Forums against the applicant resulted in further delaying the import of Arms under this license. The goods of applicant are now stuck up with foreign dealers, neither they are returning back payment nor....