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2018 (2) TMI 1963

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..... ng extension of initial period of six months for realization of export proceeds has been produced before him. The Government has also noticed that the applicant has not produced any evidence along with the Revision Application or otherwise to prove that they had realized export proceeds in respect of above mentioned three Shipping Bills within specified period of six months from the date of export and dates of realization mentioned by Commissioner (Appeals) in his order are undoubtedly much beyond the prescribed period of six months. No document issued by RBI is also produced to evidence that the applicant was allowed to realize the export proceeds beyond the period of six months. No extension from RBI is obviously procured and received .....

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..... ealised the export proceeds well in time and the Commissioner (Appeals) has not considered this fact while rejecting their appeal. 3. A personal hearing was availed by the applicant and the respondent on 7-12-2017 and the advocate of the applicant again emphasized that they have already received export proceeds within time. However, when he was asked to produce the letters from RBI regarding extension of time granted by RBI and the BRCs he requested for ten days time for providing the same. Accepting this request, the applicant s advocate was directed to produce the above stated documents by 18-12-2017. Thereafter, the applicant has submitted a letter dated 18-12-2017 along with copy of applications for permission to extend the period fo .....

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..... spect of above mentioned three Shipping Bills within specified period of six months from the date of export and dates of realization mentioned by Commissioner (Appeals) in his order are undoubtedly much beyond the prescribed period of six months. No document issued by RBI is also produced to evidence that the applicant was allowed to realize the export proceeds beyond the period of six months. During the personal hearing also the advocate of the applicant was requested to produce the relevant documents to establish that they had received the export proceeds within specified period of six months or within extended period granted by the RBI. The advocate requested for ten days time and accordingly he was given time upto 18-12-2017 to produce .....

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