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2007 (2) TMI 32

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..... r] - This appeal is directed against the order dated 15th September, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein against the order dated 17th November, 2005 passed by the Additional Director General of Foreign Trade rejecting the appeal of the appellant for non-fulfillment of export obligation and non-submission of DEEC books (import and expo .....

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..... al hearing but did not avail of the said opportunity nor did the appellant submit any proof of fulfillment of the export obligation. Accordingly, an order dated 3rd June, 2002 was passed by the Joint Director General of Foreign Trade, Moradabad imposing on the appellant a fiscal penalty of Rs.18,96,636/- for their failure to submit relevant documents as per conditions of licence. The appellants we .....

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..... enable the counsel for the appellant to place his vakalatnama on record. On 20th October, 2005 when the matter was again listed before the appellate authority, the counsel for the appellant admitted before the appellate authority that no exports had been made and the appellant was in process of paying customs duty along with interest. The stand taken before the learned Single Judge was that a cons .....

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..... rson on their behalf. They have also failed to produce copy of DEEC books, shipping bills, realisation certificate in support of fulfillment of export obligation. Even before us the said facts are not disputed. The plea taken that a third party had forged the signatures and imported the goods cannot be accepted as these allegations are vague. It is also clearly established from the records that no .....

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