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Madras High CourtWP(MD)/15364/2023disposed of

M/S. S.S. Granites v. The Joint Director General Of Foreign Trade

2023-06-28Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD) No.12957 of 2023 S.S.Granites Rep by its Sole Proprietor S.Anand Having registered Office at 264, Gandhiji Street, Bibikulam, Madurai-625 002.

... Petitioner Vs.

The Joint Director General of Foreign Trade, 1554, India Life Building (Annex), 1st Floor, Trichy Road, Coimbatore-641018.

...Respondent

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from demanding the payment of custom duty along with interest from the petitioner for non-compliance of export obligation under Export Promotion Capital Goods (EPGC) Scheme bearing EPCG authorization No.353004930, dated 29.06.2012 by considering the representation of the petitioner dated 08.05.2023.

For Petitioner : Mr.K.Jeyamohan For Respondent : Mr.N.Dilipkumar, Standing Counsel ****

ORDER

This writ petition has been filed for issuance of writ of mandamus forbearing the respondents from demanding the payment of custom duty along with interest from the petitioner for non-compliance of export obligation under Export Promotion Capital Goods (EPGC) Scheme bearing EPCG authorization No.353004930, dated 29.06.2012, by considering the representation of the petitioner, dated 08.05.2023.

2. The claim of the writ petitioner rests on the points mainly that there would be an automatic export obligation extension in the event of a ban on export products as per Chapter 5 Clause 5.19 of the Export Promotion Capital Goods (EPCG) Scheme. The petitioner would further submit that by G.O(3D) No.4, Industries (MMB-1) Department, dated 13.01.2009, there was a ban imposed on the quarrying by the Principal Secretary to Government of Tamil Nadu, Industries Department,

Chennai. He would submit that since there was a ban, there is an automatic extension as per the scheme mentioned above. Therefore, he has come forward with the writ petition directing the respondent to consider his representation.

3. Mr.N.Dilipkumar, learned Standing Counsel appearing for the respondent would submit that there is an amnesty scheme, which is available to the petitioner and he would opt for the same.

4. In view of the above, this Writ petition is disposed of with a direction to the petitioner to apply under the amnesty scheme offered by the respondent and on such application is being made, the respondent shall consider the same and pass orders within a period of four weeks from the date of receipt of the application. No costs. Consequently, connected miscellaneous petition is closed.

28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

P.T.ASHA, J.

cp Dated: 28.06.2023