2003 (5) TMI 311

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....cate, for the Appellant. [Order]. -  M/s. New Great Eastern Spinning & Weaving Co. Ltd. had obtained Advance License No. 2088802, dated 19-8-1983 for import of 252.5 MT of Polyester Filament Fiber for fob value of Rs. 32.19 lakh from the office of then Joint Chief Controller of Imports & Exports, Bombay. Subsequently, the item of import was reduced 174.8 MT and proportionate reduction i....

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.... was appealed before the Appellate Committee Cell, who on 19-1-1994 set aside the Adjudicating Order with instructions that the party should appear before Addl. DG on 1-1-1997 and be given an opportunity for hearing. The Appellate Committee further observed that the order of the learned Adjudicating Authority contained some disturbing features not in tune with the principle of natural justice. ....

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....bilities consequent to these developments. 3. The records indicate that appellant-company has completed its export obligation to the tune of 77.75% in quantity terms and realised foreign exchange of Rs. 1.07 crores against stipulated requirement of Rs. 50.94 lakhs. There has been a shortfall of 33.9 MT in EO in quantity terms while value realisation has far exceeded from what was originall....

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....tion of cases of bona fide default in respect of old advance licenses and if their claim of bona fide regularisation is extended under Public Notice they are in a position to make up the 23% shortfall in quantity. However, para (vi) of this Public Notice states that in respect of Advance Licenses where Adjudication Orders have already been initiated or made, no such extension will be allowed. Sinc....