TMI Blog2015 (9) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... to be compared with 'grade' of steel imported by petitioner to ensure compliance with directions of Norms Committee – This has admittedly not been done – Therefore fit case for granting interim stay against operation and implementation of order of Additional DGFT – Said interim order shall not come in way of respondent authority considering alloy and non-alloy, are not be treated as grades – Interim stay granted in favour of Assesse. - WRIT PETITION NO.2240 OF 2013 - - - Dated:- 20-11-2013 - MOHIT S. SHAH, C.J. M.S.SANKLECHA, J. Mr. Vikram Nankani with Jitendra H. Motwani and Jeet Oza i/b. Mr. Naresh S. Thacker, for the Petitioner Mr. Pradeep S. Jetly, for the Respondent P.C: Leave to amend. 2 Heard learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the same as that of the imported HR Coils/Plates. However, in spite of the above direct and binding decision of the Norms Committee, the Additional DGFT has in the impugned order dated 11 September 2013 (Ex. M) passed the following order: ORDER 1 The Redemption Certificates referred to in Para 5 above are cancelled abinitio. 2 A fiscal penalty of ₹ 860,98,21,135/( Rupees Eight hundred sixty crores ninety eight lakhs twenty one thousand one hundred thirty five only) equivalent to the value of duty exemption availed against Advance Authorizations is imposed on the firm. 3 The respective Licensing Authorities to examine afresh the concerned Advance Authorizations/filed in the light of the decision dated 02.05.2012, taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even after following aforesaid decision taken by the Norms Committee. 8 It is submitted that the impugned communication of the Assistant DGFT also suffers from total arbitrariness and total non-application of mind inasmuch as 'grade' of steel exported (such as API) has to be compared with the 'grade' of the steel imported by the petitioner to ensure compliance with the directions of the Norms Committee dated 2 May 2012. This has admittedly not been done. 9 On the other hand, Mr. Jetly, learned Counsel appearing for the respondents has submitted that the petitioner has an alternative remedy of filing an appeal before the Bench of two Additional DGFT. 10 It is also brought to our notice that the controversy between ..... X X X X Extracts X X X X X X X X Extracts X X X X
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