AI Drafter 
TaxTMI 
TaxTMI 
2020 (3) TMI 383
X X X X Extracts X X X X
X X X X Extracts X X X X
.... learned Single Judge in W.P.No.16716/2007 c/w W.P.No.9551/2008, in allowing the writ petition, the respondents have filed this writ appeal. 2. Brief facts of the case: The present petition is being filed by the petitioner, challenging the arbitrary and illegal actions of respondent No.2 ordering imposing a penalty of Rs. 280 lakhs and suspension of the IEC of the petitioner with immediate effect till the amounts of penalty is paid by the petitioner and cancellation of the petitioner's Advance Licence. The respondent No.2 also ordered that no further licences or procurement of goods from canalizing agency, or any other permission under the said Act as defined under the Section 2(g) of chapter I shall be issued to the petitioner firm u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e of export products, with an obligation to export the goods as per the quantity and value mentioned on the license within the stipulated time period. Such licenses are issued based on the fixed standard which are called Standard Input Output Norms (hereinafter referred to as the "said norms"). The petitioner applied for and was granted four Advance Licenses, details whereof are given in a Statement. That under all the said four Advance Licenses, the petitioner had applied for and were therefore permitted to import, duty free only Furnace Oil which is one of the inputs permissible under the said norms. The petitioner did not opt for duty free import of other input/raw material, although permissible under the said norms. In the manufactur....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... export. By the same, the second respondent also cancelled the IEC Code. The petitioner filed Writ Petition No.1808/2007 before this Court challenging the order dated 11th January, 2007 and by an order dated 20th January, 2007, this Court admitted the petition with regard to cancellation of IEC Code, but directed the petitioner to avail alternative remedy against the said order dated 20th February, 2007 on deposit of Rs. 35 lakhs against Rs. 68.32 lakhs towards customs duty and interest leviable on the Furnace Oil imported by them as ordered by the second respondent. The petitioner has since filed an appeal against the order dated 11th January, 2007 with regard to the demand for customs duty, interest and penalty and the same is pendi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....w materials which are duty paid. The petitioner apprehend that like in the case of first and second licenses, the respondent shall take the same action once the export obligation period in respect of these two licenses expires on 13th February, 2008 and 27th June, 2008. All the exports and imports are in accordance with law. The DEPB benefit availed by the petitioner is 3% of the FOB value and with effect from 1st April, 2006 the petitioner have undertaken third party exports as is permissible under the provisions of the FTP and the Handbook. The petitioner craves leave to refer to and rely upon the said provisions as and when required. Accordingly, with effect from 1st April, 2006 the DEPB benefit has been availed by the third party (me....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rtaining to Standardisation of Adhoc norms is amended as under: For Standardisation of norms, an application may be made by the manufacturer exporter or merchant-exporter, tied to supporting manufacturer, duly filled in with complete data. Such applications shall be made to the Advance Licensing Committee (ALC) in the form given in Apendix-10. Import of fuel may also be allowed by ALC subject to the following: (a) The facility of import of fuel shall be allowed only to the manufacturer having captive power plant. (b) Fuel should be allowed either under specific SION or as per the general fuel policy for productions for which SION exists or as per general fuel policy under paragraph 4.7 or under ad-hoc norms. ....