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2020 (2) TMI 1364 - HC - CustomsLevy of Fiscal penalties - scheme of amalgamation sanctioned by the High Court of Bombay - HELD THAT:- The impugned order was passed on 25-5-2006 and the Scheme was sanctioned by BIFR on 3-6-2003. After the said Scheme became operational, the present appellant has not availed any remedy before the Authorities concerned under the Act to press for such waiver on merits. It is not even explained before the Court as to how the present appellant which stepped into the shoes of KMBL after its merger with it, can revive the cause of KMBL, after KMBL had withdrawn the challenge by withdrawal of the writ petition before the Division Bench of this Court without reserving any such liberty to reagitate the issue. Hence, the Learned Single Judge had dismissed the writ petition. The appellant herein is unable to show any of its right being violated. Admittedly, KMBL has merged with the present appellant Company and the appellant Company is fastened with all the liabilities of KMBL including the fiscal penalty of ₹ 23,38,882/- imposed by the respondent No. 2. Admittedly, the same is imposed as KMBL was not in a position to meet its export obligations during the relevant period and there has been no Scheme of BIFR. waiving the said fiscal penalty. Appeal dismissed.
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