https://www.taxtmi.com/caselaws?id=46472 Penalty under Section 4-I(1)(a) of the Imports and Exports (Control) Act, 1947 could not be sustained where the show cause notice alleged only failure to achieve export performance, negative value addition and foreign exchange loss, but did not allege misuse of imported capital goods or raw materials. The HC held that the statutory trigger for that penalty requires a specific allegation and finding that the imported goods were utilised contrary to licence conditions. A mere breach of export obligations or licence terms, without such misuse, was insufficient. Any grievance for non-fulfilment of licence conditions had to be pursued under Clause 8 of the Import Control Order, 1955. en-us Fri, 09 Feb 2001 00:00:00 +0530 Thu, 22 Jul 2010 11:13:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46472 Penalty under Section 4-I(1)(a) of the Imports and Exports (Control) Act, 1947 could not be sustained where the show cause notice alleged only failure to achieve export performance, negative value addition and foreign exchange loss, but did not allege misuse of imported capital goods or raw materials. The HC held that the statutory trigger for that penalty requires a specific allegation and finding that the imported goods were utilised contrary to licence conditions. A mere breach of export obligations or licence terms, without such misuse, was insufficient. Any grievance for non-fulfilment of licence conditions had to be pursued under Clause 8 of the Import Control Order, 1955. Case-Laws Customs Fri, 09 Feb 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46472