Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether customs duty demand and penal consequences could be enforced before expiry of the extended LOP period when the Development Commissioner had granted extension for fulfilment of export obligation and achievement of positive NFE.
Analysis: The extension granted by the Development Commissioner kept the export obligation period open for compliance during the extended term. The reasoning adopted was that, so long as the extended period had not expired, neither the Development Commissioner nor the customs authorities could treat the unit as having failed finally to fulfil its obligation for the first block period and fasten penal liability prematurely. The clause preserving action under other laws was read as preserving action for violations other than the non-fulfilment of export obligation for which extension had been granted. This avoided an anomalous situation where one authority grants time for compliance while another enforces liability before that time expires.
Conclusion: The demand was not sustainable before expiry of the extended period and the appeal was allowed in favour of the assessee.
Final Conclusion: Premature enforcement of customs duty liability was held impermissible where the competent authority had extended the export obligation period, and the assessee's appeal succeeded.
Ratio Decidendi: Where the competent authority grants extension of the export obligation period, penal or fiscal liability for non-fulfilment of that obligation cannot be fastened before expiry of the extended period.