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M/s. Flexion Imaging Solutions Private Limited Versus The Commissioner of Customs, Chennai IV Commissionerate, The Deputy Commissioner of Customs, Chennai II Commissionerate

2015 (9) TMI 32 - MADRAS HIGH COURT

Imposition of penalty for non-fulfilment of export obligation – ADGFT passed order vide their proceedings, stating that since appeal preferred by petitioner was pending and not disposed of, Assistant Commissioner was directed not to stop exports as long as items are freely exportable – Show cause notice proposing to impose penalty on petitioner for non-fulfilment of export obligation on ground that petitioner did not submit necessary documents to prove fulfilment of export obligation and export .....

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75 of 2015, M.P.No.1 of 2015 - Dated:- 24-6-2015 - MR. T. RAJA, J. For Petitioner : Mr.Hari Radhakrishnan For Respondents : Mr.S.Xavier Felix, SCGSC ORDER With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2. It is the claim of the petitioner Company that they had obtained an advance authorization bearing No.0410102678, dated 04.03.2009, from the office of the Additional Director General of Foreign Trade, Chennai, which authorised th .....

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lled the export obligation by exporting the fabric 'cubelite' for a value of ₹ 18,15,492.80/- and they have also realized the foreign exchange within the period of 24 months as mentioned in the licence. In respect of the excess import of 21.57 sq. mtrs., the duty amount of ₹ 316/- was also paid to the account of the respondents vide challan dated 19.04.2013. At this juncture, the petitioner had submitted an application dated 25.08.2010 before the Additional Director General o .....

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t submit the necessary documents to prove fulfilment of export obligation and thereafter, the said official, vide order-in-original dated 12.04.2013 imposed a fiscal penalty of ₹ 5,25,000/- on the petitioner in terms of the provisions of Section 11(2) of the Foreign Trade (Development & Regulation) Act, 1992. As against the same, the petitioner has also filed an appeal, which is pending before the Additional Director General of Foreign Trade, Delhi. In the meanwhile, the export busines .....

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