TMI Blog2019 (8) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... by the petitioner, which prime facie suggest that the export proceeds have been realized by the appellants. Since the Tribunal has not considered the said Bank Certificates, in our opinion, it is just and proper to set aside the impugned orders of the Appellate Tribunal and direct the Tribunal to pass fresh order on the waiver applications filed by the appellants. It has come on record that the export proceeds have been realized by the appellants. The documents have been filed. No contrary submissions have been made, nor evidence is produced. Impugned order set aside - appeal allowed. - FPA-FE-162/MUM/2002, FPA-FE-172/MUM/2002, FPA-FE-173/MUM/2002 - - - Dated:- 30-7-2019 - Justice Manmohan Singh Chairman And Shri G.C. Mishr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... realized during the course of adjudicating proceedings itself as submitted in para no. 8 of the reply dated 14.03.2001 to the Show Cause Notice. Copy of EXH-C to show has been filed which is admitted in the reply dated 14.03.2001. 6. As a contemporary proof further letter dated 18.07.2001 of RBI and list of outstanding of 9 exports only ( as in the lsit of EXH-B) with the exclusion of item no. 3 mentioned above and the realization certificate dated 15.4.2010 of P S Bank Ltd, Mumbai issued in favour of M/s. White Diamond Industries Ltd ( in respect of all 9 exports, except item no. 3 since the same was realized earlier) are filed and marked as EXH-D. 7. Admittedly, by order in original dated 12th September, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal and direct the Tribunal to pass fresh order on the waiver applications filed by the appellants. 11. In view of above, the Hon ble High Court had set-aside the impugned order of the Appellate Tribunal dated 15th October, 2008 as also the order dated 6th May, 2009 and appeals were restored to the file of the Appellate Tribunal for Foreign Exchange for fresh decision on the stay applications filed by the appellants. 12. We have heard both counsels and it has come on record that the export proceeds have been realized by the appellants. The documents have been filed. No contrary submissions have been made, nor evidence is produced. 13. Thus, in the interest of justice, the impugned order i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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