Section 7   [ View Judgements ]

Refusal of licence.

7. Refusal of licence. — (1) The Director General or the licensing authority may for reasons to be recorded in writing, refuse to grant or renew a licence if— (a) The applicant has contravened any law relating to customs or foreign exchange;

(b) The application for the licence does not substantially conform to any provision of these rules;

(c) The application or any document used in support thereof contains any false or fraudulent or misleading statement;

(d) It has been decided by the Central government to canalise the export or import of goods and distribution thereof, as the case may be, through special or specialised agencies;

(e) Any action against the applicant is for the time being pending under the Act or rules any Orders made thereunder;

(f) The applicant is or was a managing partner in a partnership firm, or is or was a Director of a private limited company, having controlling interest, against which any action is for the time being pending under the Act or rules and Orders made thereunder;

(g) The applicant fails to pay any penalty imposed on him under the Act;

(h) The applicant has tampered with a licence.

(i) The applicant or any agent or employee of the applicant with his consent has been a party to any corrupt or fraudulent practice for the purposes of obtaining any other licence;

(j) The applicant is not eligible for a licence in accordance with any provision of the policy;

(k) The applicant fails to produce any documents called for by the Director General or the licensing authority;

(l) In the case of a licence for import, no foreign exchange is available for the purpose;

(m) The application has been signed by a person other than a person duly authorised by the applicant under the provisions of the Policy;

(n) The applicant has attempted to obtain or has obtained cash compensatory support, duty drawback, cash assistance benefits allowed to Registered exporters or any other similar benefits from the Central Government or any agency authorised by the Central Government in relation to exports made by him on the basis of any false , fraudulent or misleading statement or any document which is false or fabricated or tampered with.

(2) The refusal of a licence under sub rule (1) shall be without prejudice to any other action that may be taken against an applicant by the licensing authority under the Act.

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