TMI Blog2020 (2) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... hird Respondent has come to a conclusion that there was export realization though belatedly and therefore dropped the proceeding but at the same time has imposed of penalty for late realization of the export proceeds. Section 117 makes it very clear that penalty is to be imposed where there is failure to comply or where there is a violation in law, penalty can be imposed. The exporters do face difficulties in realization of export proceeds and therefore not all cases where there is a delay in producing BRCs penalty is to be imposed. Further, imposition of penalty may result in denial of export incentive indirectly in several cases. This is not a fit case for imposition of ₹ 25,000/- as there is a realization of the export proceeds. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same time has imposed penalty under Section 117 of the Customs Act, and the reason given for imposing penalty is that though the Petitioner was given opportunity to produce Bank Realization Certificate (BRC) within stipulated time, neither the Petitioner nor their authorized representative appeared or filed any reply within stipulated time and therefore, penalty was imposable for non-production of BRC within stipulated time. 4. On further appeal, the Second Respondent-Commissioner (Appeals) rejected the appeal filed by the Petitioner on the ground that though due draw back amount as an export incentive was granted immediately to the Petitioner after export, yet the Petitioner did not submit BRCs in time which shows their scant regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Customs/the Deputy Commissioner of Customs, as the case may be, shall cause notice to be issued to the exporter for production of evidence of realisation of export proceeds within a period of thirty days from the date of receipt of such notice and where the exporter does not produce such evidence within the aforesaid period of thirty days, the Assistant Commissioner to customs/the Deputy Commissioner of Customs, as the case may be shall pass an order to recover the amount of draw back paid to the claimant and such exporter shall pay the amount within a period of thirty days from the receipt of the aforesaid order. He therefore submits that since the Petitioner delayed in submitting BRC in time, penalty under Section 117 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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