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Malu Paper Mills Versus Union of India And Others

2015 (12) TMI 320 - BOMBAY HIGH COURT

Exemption to import capital goods at concessional rates of customs duty under the EPCG Scheme - Held that:- Writ Petition can be disposed of in terms of the statements and undertakings of the Petitioner. We find that if the Petitioner is approaching for exercising an option as propounded and placed before us by the Director General of Foreign Trade itself, then, the request to enable them to avail of the same on the terms proposed by Mr. Nankani can be accepted. Meaning thereby, while granting l .....

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ertificate within the extended time. The Petitioner would submit these bank guarantees for verification and scrutiny. Needless to clarify that the exporter would obtain the Export Obligation Discharge Certificate and submit the same to the Customs/Competent Commissionerate and avail of such benefits as are permissible in law. - Petition disposed of. - Writ Petition No. 9551 of 2015 - Dated:- 23-11-2015 - S. C. Dharmadhikari And B. P Colabawalla, JJ. For the Appellant : Mr. Vikram Nankani, Sr Adv .....

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4. 2) The parties to this Petition and particularly the Party Respondents are Union of India, Deputy Commissioner of Customs, Nhava Sheva - IV, the Commissioner of Customs at Nhava Sheva and Nagpur and the Joint Director General of Foreign Trade. 3) The Petitioner states that it is engaged, inter alia, in the manufacture and export of newsprint/kraft papers, writing and printing papers etc. and has set up a paper mill at Nagpur. The Petitioner has stated that it has referred to a policy styled a .....

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the goods imported over a period of eight years reckoned from the date of the issue of the import licence. 4) We do not refer to this policy in further details, as the case of the Petitioner is that in order to meet its objectives, a Notification under section 25(1) of the Customs Act, 1962 being Notification No. 97 of 2004 dated 17th September, 2004 was issued, whereby, exemption has been granted to import capital goods at concessional rates of customs duty under the EPCG Scheme. The five licen .....

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nexures E1 to E4. The licences' copies are at Annexure 'D' to the Petition collectively. 5) The Petitioner points out the financial and other difficulties and which did not enable it to fulfill the export obligation. It relies upon certain corporate debt restructuring package. The Petitioner then relies upon the amendment to Chapter V of the Foreign Trade Policy and submits that it would be in a position to apply for extension to fulfill the export obligation. That is how and on obta .....

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ve invoked the bank guarantees by addressing a letter to the concerned banks. That is how the Petitioner approached this Court. 6) An Affidavit in reply has been filed to this Petition, based on which, certain draft amendments have been proposed by the Petitioner. The draft of these amendments was handed over to Mr. Jetly in Court. Mr. Jetly has submitted that subject to just exceptions, the amendments could be granted. Accordingly, we permit the Petition to be amended in terms of the draft. The .....

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2015-20 has also been issued vide Notification No. 01/2015-20 dated 1st April, 2015 wherein also this facility of export obligation period extension under Corporate Debt Restructuring (CDR) scheme has not been allowed and therefore the request for export obligation period extension under Corporate Debt Restructuring (CDR) in three EPCG authorisations mentioned in para No. 2 above cannot be accepted. I say that the Petitioners have the option to get the export obligation period extension under t .....

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