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M/s. Zaida Clothing Versus Additional Director General of Foreign Trade Government of India, The Joint Director General of Foreign Trade, The Commissioner of Customs

2016 (8) TMI 142 - MADRAS HIGH COURT

Levy of penalty - imposing physical penalty on the petitioner to the tune of ₹ 15 lakhs on the ground that the petitioner has failed to fulfill the conditions of license granted by virtue of advance authorization No.0410078753 dated 21.02.2006 - Held that:- the bonafides of the petitioner may be reconsidered by the first respondent, after inviting appropriate report from the third respondent in this regard. - matter remanded back. - W.P.No.39605 of 2015, M.P.No.1 of 2015 - Dated:- 5-7-2016 .....

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led this writ petition challenging the order passed by the first respondent namely, Additional Director General of Foreign Trade, New Delhi dated 24.06.2015. This order is an order passed exercising jurisdiction as an appellate authority over and above the order in original dated 06.02.2013, passed by the second respondent imposing physical penalty on the petitioner to the tune of ₹ 15 lakhs on the ground that the petitioner has failed to fulfill the conditions of license granted by virtue .....

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advantage of the Public Notice No.22, dated 12.08.2013 which has provided an amnesty with a cut off date of 31.03.2014. 3.In fact in respect of two other advance licenses issued to the petitioner, the petitioner made such a request and such request was accepted and on appeal, the appellate authority namely the first respondent has closed the proceedings by order dated 09.06.2015. However, in the instant case, the Bank Guarantee having not been encashed and the amount having not been appropriate .....

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available with them to be encashed and adjusted towards the balance customs duty payable i.e., ₹ 2,18,806/-. In fact, the Bank Guarantee was to the tune of ₹ 2,60,000/-. However, this aspect of the matter appears to have not been placed before the first respondent with the appeal was heard. 5.Therefore, this Court is of the view that the matter should be remanded to the first respondent to consider this fact and to examine the bonafide of the petitioner to see as to whether the bene .....

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