TMI Blog2019 (3) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Foreign Trade (Development and Regulation) Act, 1992, and without prejudice to the application of any other prohibition or regulation affecting the import of the goods which may be in force at the time of their arrival, still, when the petitioners brought to the notice of the authorities and prayed that there should be an extension granted to fulfil the export obligations, on 15 12 1997 and 8 1 1998 the petitioners were informed that they must first complete the export obligation under the June, 1997 sight, as also the export obligation under the August, 1997 sight respectively and then their request will be considered. A careful perusal of para 8.19 of the Hand Book of Procedures (Vol. I), 1997 2002, as amended by the public not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... calling for the papers and proceedings pertaining to the orders/subject matter of the present Petition and after going through the legality and propriety thereof be pleased to quash and set aside the impugned orders dated 3.6.1999, 8.11.1999 and 16.3.2000 being Exhibits F , F1 and H hereto. 3. The brief factual background in which the petitioners have approached this Court is that, they are manufacturer and exporters of cut and polished diamonds. They are also a trading house. They have been regular in fulfilling their export obligation. They stated before the authorities that they obtained a licence and that licence was for the period June, 1997 and August, 1997. The petitioners say that the export obligation could not be fulfill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eneral of Foreign Trade 4. The petitioners fulfilled that export obligation and submitted proof thereof. They also sought a clarification because, in the meanwhile, a public notice was issued and which public notice required imposition of penalty by the authorities for non fulfilment of the export obligation, in time. That public notice is dated 24 8 1998 and the petitioners sought a clarification whether that would apply to the obligation under a licence issued in 1997 and the export obligations being fulfilled by 6 11 1997 and 16 1 1998. The petitioners fulfilled the export obligations in the case of June, 1997 sight by 28 1 1998 and in respect of the August, 1997 sight by 13 4 1998. Hence they were of the view that this public noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inform the parties like the petitioners that the percentage of the penalty stipulated in that notice would be imposed on the unfulfilled export obligations. In such circumstances, there is no merit in the writ petition and it should be dismissed. 8. After carefully perusing the writ petition with the assistance of both parties, so also the annexures and the affidavit placed on record, we are of the firm opinion that in the facts and circumstances peculiar to this case, the penalty should not have been imposed. 9. It is evident that the petitioners have been regular in fulfilling their export obligations. For the subject export obligation there were difficulties which they highlighted, based on which they could not fulfil the export o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to extend the time. On that occasion and when the extension was granted, the power to impose penalty was not specifically to be found. It came to be introduced by amending para 8.19 of the Hand Book of Procedure by the public notice. The public notice is issued in exercise of the powers conferred under para 4.11 of the Export and Import Policy 1997 2002. Once there were amendments brought into force and the amendments being effective from 24 8 1998, but the export obligations being fulfilled prior thereto, in the peculiar facts and circumstances, the petitioners should not have been called upon to pay the fine. Pertinently, there is no denial of the factual assertions. In such circumstances, without any larger question or issue being deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
