TaxTMI 
TaxTMI 
2001 (2) TMI 145
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....2) of the Foreign Trade (Development and Regulation) Act, 1992 to the petitioner. Adjudication order was passed on 3-3-1998 and an appeal preferred by the petitioner before the Appellate Committee of the respondent was also dismissed by the Committee. 3. In the writ petition the petitioner has impugned the order passed by the Appellate Committee as well as the order passed by the Adjudicating Authority. 4. Mr. Hazarika learned Counsel for the respondent has vehemently contended that the approval for setting up of the industry of the petitioner was granted on the basis of condition attached to the Letter of Intent. On the basis of the said Letter of Intent Mr. Hazarika has contended that there was shortfall in the export, t....
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....hief Controller of Imports and Exports may debar a licensee or importer or any other person from all or any of the following i.e. importing any goods or receiving licences or allotment of the imported goods through the State Trading Corporation of India. The Mineral and Metal Trading Corporation of India, or any other similar agency and direct, without prejudice to any other action that may be taken against him in this behalf, that no licence or allotment of imported goods shall be granted to him and he shall not be permitted to import any goods for a specified period under this Order : - (a) if his application for licence is at any time found to be not in conformity with any provision of this Or....
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....nsing authority; or (i) if he fails to submit production returns regularly to the D.G.T.D. or any other sponsoring authority concerned; or (j) if he fails to comply with the distribution control in respect of imported goods where such control is applicable." 7. What has been contended by learned Counsel for the petitioner is that in the show cause notice there was no allegation of misuse of the imported goods. Therefore, the order passed by the Director General of Foreign Trade was without jurisdiction under Section 4-I(1)(a) of the Act. 8. I have given my careful considerations to arguments advanced by learned Counsel for....
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....nto operation. Section 4-I(1)(a) is as follows : "4-I(1). Liability to penalty. - Any person who, - (a) in relation to any goods or materials which have been imported under any licence or letter of authority, uses or utilises such goods or materials otherwise than in accordance with the conditions of such licence or letter of authority; or xxxxxxx shall be liable to penalty not exceeding five times the value of goods or materials, or one thousand rupees, whichever is more, whether or not such goods or materials have been confiscated or are available for confiscation." From the bare reading of the aforesaid Section until and unless allegations were made in the show cause notice that the goods imported under the OGL li....