M/S SAHA TRADERS vs ZONAL JOINT DIRECTOR GENERAL OF FOREIGN TRADE(CLA), GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, INDRAPRASTHA BHAWAN, A WING, I P ESTATE, NEW DELHI-110002 & ANR.

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.03.2025 + W.P.(C) 7295/2021 and CM APPL.3324/2023 M/S SAHA TRADERS ....Petitioner Through: Mr. Indranil Banerjee and Mr. Shubhankar Jha, Advocates. versus ZONAL JOINT DIRECTOR GENERAL OF FOREIGN TRADE(CLA), GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, INDRAPRASTHA BHAWAN, A WING, I P ESTATE, NEW DELHI-110002 & ANR......Respondents Through: Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Ms. Poonam Shukla, Mr. Mukesh Kumar Tiwari and Ms. Reba Jena Mishra, Advocates for UoI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) CM APPL.22968/2021 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 7295/2021 3. The present appeal assails a Show Cause Notice 3/69/ECA-II/AM-05/CLA dated 02.05.2005 (hereinafter ‘the impugned SCN’), issued against the petitioner under the Foreign Trade (Development & Regulation) Act, 1992 (hereinafter ‘FTDR Act’). 4. The petitioner also assails the legality and validity of the purported DEPB license cancellation letter No. 05/02/001/00061/AM- 16/ECA/CLA/360986 dated 07.08.2019, communicated to the Customs Signature Not Verified Digitally Signed W.P.(C) 7295/2021 Page 1 of 8 By:ABHISHEK THAKUR Signing Date:17.03.2025 13:13:03 Department enclosing therewith the cancellation letters in respect of 38 DEPB scrips/licenses issued in favour of the petitioner. 5. It is the contention of the petitioner that during the period between 2002 and 2003, the petitioner was in the business of importing and exporting certain goods. On the basis of certain exports made by one M/s Ceean Commerce Pvt. Ltd., the petitioner duly applied to the office of respondent no.1 for issuance of 38 DEPB licenses with Freight on Board (FOB) value