9911796707
TMI Blog2005 (12) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the provisions of section 18(2) read with section 18(3) on the reasons that appellants failed to take reasonable steps for repatriation of the export proceeds of 4 GRIs and 1 invoice amount to US Dollar 23797.20 as follows:-- (1) Penalty of Rs. 2,25,000 against Om Enterprises (Appellant in Appeal No. 236/2001) (2) Penalty of Rs. 8,50,000 against Unicorp Exports (Appellant in Appeal No. 237/2001) (3) Penalty of Rs. 10,50,000 against Janak B. Shah (Appellant in Appeal No. 238/2001) (4) Penalty of Rs. 50,000 against Jatin C. Sanghvi (Appellant in Appeal No. 239/2001) (5) Penalty of Rs. 1,00,000 against Jagdish. S. Joshi (Appellant in Appeal No. 240/2001) 3. This Tribunal by order dated 9-11-2001 directed the appellants to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xman 500 (FERAB) (2) Escort Ltd. v. Foreign Exchange Regulation Appellate Board [1985] 57 Comp. Cas. 684 (Delhi) (3) LIC of India v. Escort Ltd. AIR 1986 SC 1370 5. Though grant of write-off by RBI is discussed but the impugned order in last but one paragraph has observed as follows:-- "But I do not find any evidence to prove that they have made any concrete efforts such as taking the matter with the buyers through the Indian Embassy or filing a legal suit in the Court of Law to recover the outstanding amount. Therefore, I am convinced that they have failed to make serious efforts or to take effective steps to realise the entire export outstanding and, therefore, they contravened the provisions of section 18(2) read with section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods subject to such deductions, if any, as may be allowed by the Reserve Bank; and (B) in case falling under sub-clause (ii ) of clause (a) of sub-section (1), also that the sale of the goods is delayed to an extent which is unreasonable having regard to the ordinary course of trade : Provided that no proceedings in respect of any contravention of the provisions of this sub-section shall be instituted unless the prescribed period has expired and payment of the goods representing the full export value has not been made in the prescribed manner within the prescribed period. (3) Where in relation to any goods to which a notification under clause (a) of sub-section (1) applies the prescribed period has expired and payment, therefore has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts for repatriation of the export proceeds is penalized by the adjudication order. The impugned order has proceeded on a wrong footing. The request for write-off is not pending rather is granted at the time of passing of the adjudication order. Therefore, this much part of impugned order is bad in law and is required to be set aside. 9. However, the same thing cannot be said with regard to the balance of US Dollar 1750 which is the value of one consignment sent by invoice. The appellants have not taken any other plea except stating that it is a negligible amount and treated as de minimus. The amount of US Dollar 1750 cannot be treated as negligible rather it is substantial. Moreover, negligibility of an amount is a relative term. Unless th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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