The appellants during the material point of time were engaged in the import and export activities under the Import and Export Code.
To ensure fulfillment of export obligation they would, before clearance of the first companysignment, execute a bond for Rs.
and mulberry raw silk of 250 Kgs.
Appellants submitted their reply to the show cause numberice.
By letter dated 22.12.1992 appellants made a request to the Regional Licensing Authority for grant of extension of six months to enable them to export the balance quantity by 30.4.1993.
The licensee shall also pay without demur to the customs authorities the companycerned duty on the proportionate quantity of goods companyresponding to the products number exported.
In reply to this office letter, you furnished the photocopies of bank certificate of export and realization, etc.
The same was rejected.
42,74,529.16 with Bank Guarantee for Rs.
The writ petition was numbered as CWP.
A Letters Patent Appeal was filed which as numbered above was dismissed by a Division Bench.
You were also advised by this office on 29.11.94 to produce certain documents information in r o. advance licence in question.
Vide letter dated 22.12.92 you made a request to Jt.
An appeal was preferred before the Appellate Committee.
Subsequently, a writ petition was filed under Article 226 of the Constitution of India, 1950 in short the Constitution before the Delhi High Court.
The show cause numberice in question was issued on 7.5.1995 proposing, inter alia, imposition of fiscal penalty for number fulfillment of export obligation under the licence as well as for mis utilization of the goods valued at Rs.9,10,125/ imported under the said licence free of customs duty.
To ensure fulfillment of export obligation you would, before clearance of the first companysignment, execute a bond LUT.
You again applied to Jt.
Background facts in a nutshell are as follows A show cause numberice was issued to the appellants under Section 4L of the Imports and Exports Control Act, 1947 in short the Act for action under Section 4 I and under clause 10 for action under clause 8 of the Import Control Order, 1955 in short Control Order read with Section 20 2 of the Foreign Trade Development Regulation Act, 1992 in short Foreign Trade Act for number exporting the goods as also utilizing the imported goods and failure to export within the stipulated time.
Mulberry Raw Silk 75.00 Kgs.
DGFT, Bombay.
of Mulberry mixed jackets blazer with fussing lining material for an fob value of Rs.36,42,800/ US 1,41,603.66 within a period of nine months from the date of clearance of the first companysignment.
The licensee shall also pay, without demur to the customs authorities, the companycerned duty on the proportionate quantity of goods companyresponding to the products number exported.
In the event of the licencee falling a to fulfill the export obligation within the prescribed time limit stipulated above or b to produce the prescribed documents information within 30 days after the expiry of the export obligation period the bond LUT agreement companydition shall be enforced and the licencee shall be liable to the different follow up, penal actions prescribed in the Import Export Police and Handbook of procedure 1992 93.
and 78.889 of mulberry raw silk for fob value of Rs.9,62,337.92 and failed to export the remaining quantity of 2971 pcs for fob value of Rs.27,20,452/ within the stipulated time.
DGFT Bombay office for grant of extension of six months enabling them to export the balance quantity by 30.04.1993.
Subsequently you approached this office advance licensing companymittee several times for extension in export obligation period against the subject advance licence but your request was rejected every time.
You sent your reply on 05.12.1994 and supplied this office photocopies of advance licences relating to earlier advance licences and other related documents but failed to produce the requisite documents in r o the advance licence in question.
and delete item at Sl.
The request was companysidered by Jt.
It is submitted that pursuant to the order of this Court dated 9.12.2005 a sum of Rs.20 lakhs had been deposited by the appellants.of mulberry mixed silk jackets blazer viith fusion lining material for an FOB value of Rs.36,42,800/ US 1,41,603.66 within a period of nine months from the date of clearance of first companysignment.
As such the period of export obligation expired on 30.04.1993.
against the said advance licence in January 1992.
and mulberry raw silk of 250 Kgs.
623 of 1998.
Period of export obligation expired on 30.4.1993.
The goods imported against the said Advance licence would be utilized exclusively in the manufacturing of the resultant product.
They again applied to the Joint Director General of Foreign Trade, Bombay Office for further extension.
DGFT, Bombay on 31.03.1992 and the licence was accordingly amended.
Subject, inter alia, to the following companyditions You would export 5400 Nos.
The goods imported against the said advance licence would be utilized exclusively in the manufacturing of the resultant products.
The Additional Director General of Foreign Trade in short DGFT passed an order dated 13.11.1995 imposing a penalty of Rs.45 lakhs for shortfall in export obligation to the extent of Rs.27,20,462/ .
According to information available on record and in the absence of any documentary evidence furnished by you, it is evident that you had made import 1177.00 Kgs.
of dupion yarn and mulberry raw silk 70.00 kgs.
However, you had exported 2429 pcs.
2378 OF 2007 Arising out of SLP Civil No.
The said licence was issued from the office of Jt.
DGFT Bombay office for another extension which was rejected by RALC in its meeting held on 09.04.1993.
On 13.10.1991 the Regional Licensing Authority had issued an advance licence to the appellants.
CIVIL APPEAL NO.
The above said licence was issued to you.
By order dated 12.8.1997 the Appellate Committee dismissed the appeal of the appellants.
3 fusing lining material of CIF value of US 6,750/ and companymitted to fulfil the export of resultant product for an fob value of US 1,41,603.66 and also to amend the export description i.e., mulberry mixed silk garments shorts, pants, blazers and skirts companytaining dupion yarn of 1100 kgs.
In the even of their failure A to fulfill the export obligation within the prescribed time limit stipulated above or B to produce the prescribed documents information within 30 days after the expiry of the export obligation period, the bond LUT agreement companydition shall be enforced and the licensee shall be liable to the different follow up, penal actions prescribed in the import export police and handbook of procedures, 1990 93.
of mulberry silk garments weighing dupion yarn 33.141 kgs.
Subsequently, the appellants approached DGFT office several times for extension of export obligation period which was rejected.
The adjudicating authority inter alia numbered as follows The said licence was issued to them by the office of the Joint Director General of Foreign Trade, Bombay, subject, inter alia, to the following companyditions They would export 5400Nos.
25852 of 2005 Dr. ARIJIT PASAYAT, J Leave granted.
By judgment and order dated 30.5.2003 learned Single Judge dismissed the writ petition holding that there was numberground to interfere with the orders of the adjudicating authority as well as the Appellate Committee.
Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the Letters Patent Appeal filed against the order of a learned Single Judge.
However, you were again reminded on 02.02.1995 to furnish the requisite information documents.
