2007 (2) TMI 631

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....n of India the petitioner has prayed for quashing of the order dated 27-9-2006 passed by the Director General of Foreign Trade rejecting the appeal of the petitioner for non-submission of pre-deposit of penalty and non-fulfilment of export obligation. 2. The brief facts of the case are that the petitioner was granted an import license No. P/L/0047517, dated 27-11-1998 for import of 243 Met....

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....02 and for non-fulfilment of export obligation within the prescribed period, a sum of Rs.  1 crore was levied towards the penalty. Being aggrieved by the said order, petitioner filed an appeal before the Addl. Director General of Foreign Trade, New Delhi under Section 15 of the Foreign Trade (Development and Regulation) Act, 1992 along with an application for stay and waiver for pre-deposit o....

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.... Memorandum of Appeal, but without passing any order on the said application and exercising such power, appeal was dismissed for want of non-deposit of the penalty amount. Learned Standing Counsel submitted that it is true that no order was passed on the application seeking waiver of pre-deposit of the amount, but the petitioner was given several opportunity for consideration of issue of pre-depos....

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....t to have disposed of the application for waiver of the pre-deposit of penalty amount. In the circumstances, the impugned order is vitiated and is liable to be set aside. 7. In the result, writ petition is allowed. Order passed by the Additional Director General of Foreign Trade dated 27-9-2006 (Annexure-5) to the writ petition is set aside. The Appellate Authority is directed to consider ....