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    <title>1999 (8) TMI 1027 - FOREIGN EXCHANGE REGULATION APPELLATE BOARD</title>
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    <description>Liability for alleged non-realisation of export proceeds under section 18(2) depends first on whether the foreign buyer actually took delivery of the exported goods. If the goods were not delivered or cleared by the buyer, no payment obligation would arise and no contravention would be attracted; if they were delivered, the authority must then assess whether adequate steps were taken to secure payment and give reasons. Because the existing record did not resolve this foundational factual issue and relevant correspondence was said to be absent from the adjudication, the matter required reconsideration on that point and the impugned order was set aside with remand for fresh adjudication.</description>
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      <link>https://www.taxtmi.com/caselaws?id=457795</link>
      <description>Liability for alleged non-realisation of export proceeds under section 18(2) depends first on whether the foreign buyer actually took delivery of the exported goods. If the goods were not delivered or cleared by the buyer, no payment obligation would arise and no contravention would be attracted; if they were delivered, the authority must then assess whether adequate steps were taken to secure payment and give reasons. Because the existing record did not resolve this foundational factual issue and relevant correspondence was said to be absent from the adjudication, the matter required reconsideration on that point and the impugned order was set aside with remand for fresh adjudication.</description>
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