2025 (7) TMI 500

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....pondent dated 11.03.2020 and the original proceedings of the 2nd respondent dated 21.07.2016 and for a consequential direction to the 2nd respondent to grant Redemption Certificate in favour of the petitioner, after taking into consideration the applications submitted by the petitioner in FORM ANF-5B. 2. The case of the petitioner is that they had obtained EPCG license from the office of the Director General of Foreign Trade (DGFT), Coimbatore, under the EPCG Scheme. Two licenses were obtained and the petitioner was expected to fulfill the export obligation within a period of eight years from the date of license. One license was granted for duty saved value to the tune of Rs. 2,02,376/- and the other was given for the duty saved value of R....

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.... this Court. 5. Heard both sides and perused the materials available on record. 6. The petitioner is bound by the conditions imposed under the EPCG license issued in his favour. As per the condition, the petitioner must fulfill his export obligation within a period of eight years from the date of license and he is also expected to submit the relevant documents on time in FORM ANF-5B. Even though the petitioner claims that he had fulfilled the export obligations, admittedly, the forms were not filed and thereby, the petitioner has not complied with the formalities as required. The petitioner seems to have closed the business in the year 2007 and sold the factory in the year 2014. Ultimately, only in the year 2017, the petitioner approached....

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....y approached the 1st respondent and filed an appeal. However, that has not happened in this case. The petitioner was informed about the order dated 21.07.2016 on 06.11.2017 and the same is evident from the communication made by the Deputy Director General of Foreign Trade and even thereafter, the petitioner waited for nearly two years and filed the appeals only on 17.10.2019. Therefore, even if the limitation is calculated from the date of knowledge, it is well beyond the period of limitation prescribed under the Act. 9. The reasons given by the petitioner for not having been able to file the relevant form in spite of completing the export obligation, is not an issue that can be gone into in the present writ petitions. This is in view of t....