TMI Blog2023 (12) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... e advance authorization is issued to allow duty free import which is physically incorporated in the export product, the request to allow the Petitioner to purchase the raw material from open market for these exports could not be permitted. The Court while adjudicating administrative orders exercising its jurisdiction under Article 226 of the Constitution of India only looks into the decision making process and also the fact that whether the order is violative of any law. The reasons given in the order passed by the Respondent does not require any interference under Article 226 of the Constitution of India. A perusal of the Order challenged in the present Writ Petition indicates that the DGFT has given a proper opportunity of hearing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce no orders were passed on the representations of the Petitioners, the Petitioners approached this Court by filing the instant writ petition with the following prayers:- I. To extend the Export Obligation Period by at least 12 more months in the light of the difficulties being faced by the Petitioners during these unprecedented times and worldwide lockdown caused by the covid-19 pandemic and Force Majeure situation which is beyond the control of the Petitioners, II. To not invoke the coercive procedure to recover the customs duty under section 2.54 of Foreign Trade Policy of Government of India till the expiry of the extended period, III. To permit the Petitioners to fill up the shortage of raw material (Copper), if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is still valid in all the AAs quoted by the petitioner and need of EO extension is not there at present. Even if the Export obligation period expires, there are provisions for 2 extensions of 6 months each, in the HBP. Moreover, EOP extensions arc given by the jurisdictional Regional Authority (RA) of DGFT not by DGFT(HQ). For requesting EOP extension, an application is required to be made in online system with requisite composition fees to the RA. Thus sufficient period to make exports against these AAs is available currently to the petitioner as per the Foreign Trade Policy (FTP). Relevant para 4.42 of the HBP in this regard is reproduced below: Para 4.42 - Export Obligation (EO) Period and its Extension of Handbook of Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all in F20. Authorisation holder will have to submit a self declaration to RA stating that unionised imported/domestically procured inputs are available with the applicant. (f) Request for further extension of six months after first extension as in (b) above can be considered by Regional Authority, provided Authorisation holder has fulfilled minimum 50% export obligation inlquantity as well as in value, on pro-rata basis. This will be subject to payment of composition fee @ 0.5% per month on unfulfilled FOB value of export obligation. No further extension shall be allowed by Regional Authority. This provision shall also be applicable to Advance Authorisations issued during FTP 2009-2014. However, only two extensions of six months each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FTP 2015-20 are reproduced below: 4.03 Advance Authorisation (a) Advance Authorisation is issued to allow duty free import of input, which is physically, incorporated in export product {making normal allowance for wastage). In addition, fuel, oil, catalyst which is consumed/utilized in the process of production of export product, may also be allowed 4,16 Actual User Condition for Advance Authorisation (i) Advance Authorisation and / or material imported under Advance Authorisation shall be subject to 'Actual User' condition. The same shall not be transferable even after completion of export obligation. However, Authorisation holder will have option to dispose of product manufactured out of duty free inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s given in the order passed by the Respondent does not require any interference under Article 226 of the Constitution of India. 8. The Apex Court in B.C. Chaturvedi v Union of India (1995) 6 SCC 749, while discussing the scope of Article 226 in administrative matters has observed as under: 12. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court. When an inquiry is conducted on charges of misconduct by a public servant, the Court/Tribunal is concerned to determine whether the in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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