2007 (8) TMI 126

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....t of export obligation within the period stipulated in the Notification. The Notification prescribed the following parameters for discharge of export obligation :- S. No. Period from the date of issue of licence Proportion of total export obligation 1. 1st Year NIL 2. 2nd Year 10% 3. 3rd Year 20% 4. 4th Year 30% 5. 5th Year 40% As the appellants did not fulfil the export obligation for the third year, show-cause notices were issued to them and, in adjudication thereof, the jurisdictional Assistant Commissioner of Customs confirmed demands of proportionate duty with interest @ 24% against the party. Against the orders of the Assistant Commissioner, the party preferred appeals to the Commissioner (Appeals). The appellate a....

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.... to EPCG Licence No. 2156068, dated 8-9-1995 and this decision was implemented by the DGFT as per order dated 18-8-2006, wherein the period for discharge of export obligation was extended by five years from 13-11-2002. In the result, the appellants have time up to 12-11-2007 for completing their exports in terms of the Notification. In relation to EPCG Licence No. 2154520, dated 24-8-1995, the Grievance Redressal Committee by order dated 9-10-2006 accepted the appellant's request for extension of period for discharge of export obligation by five years as recommended by BIFR. The Committee also directed implementation of its decision. Whether the DGFT has implemented the said decision is not discernible from the available records. It has, ho....

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.... party for extension of export obligation period in the wake of BIFR order. Learned DR has shown the relevant file to us and we have perused this letter, which is a copy of the DGFT's letter addressed to the appellants. This letter does not contain any reference to specific licences. It generally refers to EPCG licences and says that the party's request for extension of export obligation period is under consideration. 6. The facts stated by learned Counsel with regard to proceedings of the BIFR, the Grievance Redressal Committee in the Department of Commerce, Ministry of Commerce and Industry as also the proceedings of the DGFT are not in dispute. It is clear from those facts that, insofar as the machines imported under EPCG Licence No. 21....