A M HANDICRAFT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has impugned the order dated 17th November, 2005 passed by the Additional Director General of Foreign Trade rejecting the appeal for non-fulfilment of export obligation and non-submission of DEEC books (import and export) duly logged by the customs authorities, shipping bills, bank realization certificate in respect of fulfilment of export obligation.

(2.) By an order dated 3rd June, 2002, Joint Director General of Foreign Trade, Moradabad had imposed a fiscal penalty of Rs. 18,96,636/- on petitioner and its proprietor as the petitioner failed to submit relevant documents as per conditions of licence and was thus found guilty of violation of the conditions of licence under Section 11 of Foreign Trade (Development and Regulations) Act, 1992. The petitioners were granted licence No. P/L/3039750, dated 24th May, 2006 for import of 19.88 metric tonnes of brass scrap for a CIF value of Rs. 9,48,318/- (US$ 28308) with a condition that the petitioners would export 18.5 metric tonnes of Brass Artwares for a FOB value of Rs. 16,12,187/- (US$ 48125) within 18 months from the date of issue of the said licence.

(3.) After the expiry of export period against the said licence, the notices were issued to the petitioner firm to submit all documentary evidence, however, the petitioner firm neither availed the personal hearing given on 20th March, 2001 nor submitted any proof of fulfilment of export obligation and therefore, the penalty of Rs. 18,96,636/- was imposed by order dated 3rd June, 2002.