HC directs DGFT Surat decide on removal of IEC code from denial entity list

Ambika Creation Through Proprietor Anil Gupta Vs Additional Director General (Gujrat High Court)

In this case Import Export Code (IEC) of the petitioner was placed under the denied entity list, causing hardship to the petitioner by withholding the refund of IGST and other export incentives.

Hon’ble court has directed DGFT, Surat to look after the representation of the petitioner and decide on removing the IEC code from the denial entity list so that petitioner can export the goods and continue his business.

FULL TEXT OF THE HIGH COURT JUDGEMENT

1. By this writ ­application under Article­226 of the Constitution of India, the writ­ applicant has prayed for the following reliefs:­

48(a) To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction to respondent no.1, respondent no.2 and respondent no.3 to initiate the proceedings in time bound manner;

(b) To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction directing respondent no.6 to remove the Import Export Code placed under the Denied Entity List of Directorate General of Foreign Trade.

Or Alternatively

To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction directing respondent no.6 to complete the investigation and determine the genuineness of the petitioner in time bound manner.

(c) Pending admission, hearing and till final disposal of this petition, be pleased

(A) to direct the Respondent No.1, 2 and 3 from resorting to any coercive measure against the petitioner;

(B) to direct Respondent No.6 to remove IEC from denied list and allow the petitioner to conduct his business under 100%
verification by the appropriate authorities.

(d) To award Costs of an incidental to this application be paid by the Respondents.

2. We have heard Mr. Avinash Poddar, the learned counsel appearing for the writ ­applicant. Mr. Poddar has invited our attention to a representation dated 26th September 2020 addressed by the writ applicant to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad.

3. Our attention has also been drawn to one more representation dated 5th November, 2020 at Annexure­ Q; Page­ 68 to this writ-application and has been addressed to the Joint Director General of Foreign Trade, Surat. A copy of which has been forwarded to the Director General of Foreign Trade, New Delhi and Additional Director General, Surat.

4. We dispose of this writ­ application with a direction to the Joint Director General, DGGI, Zonal Unit Ahmedabad, Ahmedabad to immediately look into the representation dated 26th September 2020; Annexure ­J; Page ­46 to this writ­application and take an appropriate decision in accordance with law with a period of four weeks from the date of the receipt of this order. We also direct the Joint Director General of Foreign Trade, Surat to look into the representation dated 5th November, 2020 at Annexure­ Q; Page­ 68 and take an appropriate decision in accordance with law with a period of four weeks from the date of the receipt of this order.

5. With the afore­said, this writ­ application is disposed of. We clarify that we have even otherwise not expressed any opinion on the merits of the case.