TMI Blog2016 (9) TMI 1350X X X X Extracts X X X X X X X X Extracts X X X X ..... of mind extended the period by four months for complying with the Export Obligation, I do not think that this Court should sit in judgment over the said opinion expressed by the Committee unless there is any patent illegality or perversity in the said direction - The Committee was sure about two facts. One is that there is a specific reason for limiting the period to comply with the Export Obligation and the time can be extended if there is genuine hardship being caused. Merely for the reason that the buyer had delayed the shipment cannot be a genuine reason at all - It is not in dispute that if there is non-compliance of Export Obligation, the DGFT has the power to place the petitioner and its Directors under th`e DEL order. Since the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of four months from the date of such import. According to the petitioner, they have exported black pepper oil within the specified time as contemplated under the Advance Authorization. However, black pepper oleoresins could be exported only in a phased manner which could be completed after a period of 7 months from the last date mentioned to comply the Export Obligations. 3. Petitioner approached the Policy Relaxation Committee (PRC) for regularization of the exports made within the extended period. Though the application was rejected initially, the same came to be reconsidered. In WP (C) No. 5752/2016, Ext. P2 is the decision by which the PRC rejected the application. Again the petitioner approached the Committee, which was again re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-2016 for not complying with the Export Obligation as stipulated in Authorization dated 5-8-2009. A similar order had been passed with reference to the non-compliance of the Authorization dated 25-9-2009. Ext.P12 is the said order dated 26-5-2016 in WP (C) No. 21008/2016. 6. According to the petitioner, the DEL order had been passed only on account of the fact that the petitioner had not remitted the customs duty for non-compliance with the Authorization letters referred above. 7. Learned counsel for the petitioner submits that it is well within the power of the Policy Relaxation Committee to give relaxation or relief to any exporter/importer on grounds of genuine hardship and adverse impact on trade. In so far as the petitioner had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim of the petitioner on the ground that no new facts are brought on record. The matter was taken before the Chairman, Grievance Redressal Committee wherein the issue was considered as per Ext. P5. It is observed by the Committee that exports of spice must be made within four months from the date of import. The objective of putting shorter period in such cases is to prevent diversion of the imported goods into the domestic market. However, taking into consideration the genuine hardship, the Committee has been allowing equivalent period of extension in such cases. Accordingly, it was decided that the Export Obligation period be extended by four months, i.e., upto 31-5-2010 and subject to payment of composition fee. It was also mentioned th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while for this Court to reconsider the same by exercising power of judicial review. It is not in dispute that if there is non-compliance of Export Obligation, the DGFT has the power to place the petitioner and its Directors under th`e DEL order. Since the said orders had been passed during the pendency of WP (C) Nos. 5752/2016 and 5728/2016, I am of the view that an opportunity should be granted to the petitioner to show cause to avoid the DEL order dated 26-5-2016. In the result, these writ petitions are disposed of as under :- (i) WP (C) Nos. 5752/2016 and 5728/2016 are dismissed. (ii) WP (C) Nos. 21000/2016 and 21008/2016 are allowed. Ext. P10 in WP (C) No. 21000/2016 and Ext. P12 in WP (C) No. 21008/2016 are set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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