2015 (12) TMI 316

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ondent : Mr. A. K. Roy ORDER The Court : The writ petitioner was issued nine advance licences. Seven were issued between 3rd April, 2007 and 17th July, 2007. Two were issued on 25th February, 2009 and 26th February, 2009. These advance licences were issued under a scheme which was part of the import and export policy of our country. An importer was given the benefit of duty free import....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espondent authorities. It was adjudicated upon on 11th July, 2014 by an order imposing a penalty of Rs. 25 lacs for the each of the licences, on the petitioner and its Directors. The petitioner preferred an appeal from the said order which is pending before the Director General of Foreign Trade. However, there appears to be a change in the circumstances in or about November, 2014. It appears....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of the whole matter. The petitioner was permitted to import yarn duty free on their undertaking to export the stipulated quantity of goods within a specified period of time. The whole purpose of issuance of the advance licences was to promote export with the incentive of duty remission if the export obligation was fulfilled. If for any bona fide reason an importer/exporter has been unable to fulf....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arties. The petitioner will be allowed to fulfil the export obligation but at the moment no benefit is to be received by the writ petitioner. The writ petitioner should be able to fulfil this export obligation by 31st March, 2015. The position will be reviewed by this court after that period. In the meantime, the appeal before the Director General of Foreign Trade is to remain stayed. The respo....