We are manufacturer Exporters. One of our Advance Licence Registration process is incomplete since the Dy. Commiisioner has raised an objection that there is an old Show Cause Notice matter is pending in our name, as informed to him by our Excise Range Office, hence Advance Licence Registration can not be done.
The Dy. Comm. does not provide the factual reasons in writing for not registering the Licence.
Question : Can an Advance Licence Registration be kept pending due to any Judicial Matter pending to be heard/decided for the registering company ?
Shall appreciate your advice preferably with legal background.
Regards,
Vipul Adhvaryu. Manager - Commercial Ashu Organics India Pvt. Ltd. Thane, INDIA.
20 October 2012
Respected Mr. Verma, Sincere appreciation for your very prompt feedback. The query can not be removed since it is a judicial matter and decision on the same is yet to be arrived. As you know, judicial matters in India take their own sweet time. Dy. Comm of Customs is not clearing our file of Registration, purely becuase Excise Dept has written that one case is pending with Judiciary. Is it legal for the Dy. Comm to withhold the file ? I am sure there would be no company(especially Manufacturer) in India against which there is no Customs/Excise Show Cause Notice issued and is pending for decision. In such case, is the stand of Dy. Commissioner valide by law ? Your views are welcome. Regards, Vipul Adhvaryu.
21 October 2012
SUGGEST YOU MEET THE COMMISSIONER OF CUSTOMS WITH A REPRESENTATION SPECIFYING THE FACTS. ALSO MENTION THE LEGAL STANDING OF YOUR PENDING MATTER.
NORMALLY DEPT. DO NOT DO SO UNLESS THERE IS SERIOUS DEFAULTS ON THE COMPANY.
CAclubindia
