Penalty can't be levied for unfulfilled export obligations if no violation attempt. Order imposing penalty for export shortfall sans contravention quashed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Interpretation of Section 11(2) of FTDR Act, 1992 - penalty cannot be levied for non-fulfillment of export obligations under Letter of Permission/Undertaking if there is no allegation of attempting to make export/import in contravention of provisions of Act, Rules, Orders or Foreign Trade Policy - impugned order imposing penalty for shortfall in export of manufactured goods without any contravention is without authority and quashed - petition allowed in line with Supreme Court ruling in similar circumstances.....