TMI Blog2015 (1) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... e export obligation by exporting alternate product manufactured by the appellant or its group companies in terms of the provisions contained in para 5.4(i) of the Foreign Trade Policy but while making endorsement on the licence in terms of the said order, endorsement to the said effect was not made and which resulted in the appellant being not able to fulfil the export obligation by exporting alternate product. Challenge in the writ petition from which this appeal arises being to the refusal of extension but even otherwise is fallacious. In fact, we have enquired from the counsel for the appellant that even if that be so, what prejudice thereby has been caused to the appellant; what else could the appellant have said even if had been ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate General of Foreign Trade (DGFT) rejecting the request of the appellant for extension of period for fulfilling its export obligation and for inclusion of an alternate export product for the purpose. 5. The appellant was issued an Export Promotion Capital Goods Licence dated 25th January, 1995 with a condition to export 'Video Software' within a period of five years. The appellant did not fulfil the said export obligation and was proceeded against therefor and fiscal penalty of ₹ 66,93,238/- in addition to payment of customs duty along with interest was imposed by the Adjudicating Authority on the appellant. However, the Appellate Authority (Additional DGFT), vide order dated 8th June, 2006 allowed the appeal pref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnate product manufactured by the appellant or its group companies in terms of the provisions contained in para 5.4(i) of the Foreign Trade Policy but while making endorsement on the licence in terms of the said order, endorsement to the said effect was not made and which resulted in the appellant being not able to fulfil the export obligation by exporting alternate product. 9. The said argument is clearly misconceived. A bare perusal of the amendment endorsement dated 13th September, 2007 shows an endorsement to the following effect having been made: THE EXPORT OBLIGATION OF THIS LICENCE IS EXTENDED FOR 18 MONTHS FROM THE DATE OF ENDORSEMENT I.E. 13.09.2007 AS PER ORDER GIVEN IN ORDER-IN-APPEAL BY DGFT, NEW DELHI . It is thus c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
