Recovery of ineligible Focus Market Scrips u/s. 28AAA set aside as instrument not cancelled by DGFT

Ganpati Hosiery Mills Vs Principal Commissioner of Customs (CESTAT Delhi) CESTAT Delhi held that recovery of ineligible Focus Market Scrips under section 28AAA of the Customs Act cannot be sustained without cancellation of the instrument by DGFT. Accordingly, order held as without jurisdiction. Facts- The appellant is engaged in the manufacture and export of Ready Made Garments. An investigation was initiated by the Commissioner (Export) on the alleged misuse of the benefits of the FMS and other licenses issued under Chapter 3 of the Foreign Trade Policy 2009-14. Accordingly, a show cause not...