A.M. HANDICRAFT Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15th September, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein against the order dated 17th November, 2005 passed by the Additional Director General of Foreign Trade rejecting the appeal of the appellant for non -fulfillment of export obligation and non -submission of DEEC books (import and export) duly logged by the customs authorities.

(2.) THE appellants were granted license on 24th May, 1996 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 appellants would export 18.5 metric tonnes of Brass Art wares for a FOB value of Rs. 16,12,187/ - (US 48125) within 18 months from the date of issue of the said license. The appellants imported the said brass scrap but even after the expiry of the export period against the said license, they did not submit any proof of fulfillment of export obligation. The export period expired on 23rd November, 1997.

(3.) NOTICES were issued to the appellant firm to submit all documentary evidence for having complied with the export obligation. The appellant got opportunity of personal hearing but did not avail of the said opportunity nor did the appellant submit any proof of fulfillment of the export obligation. Accordingly, an order dated 3rd June, 2002 was passed by the Joint Director General of Foreign Trade, Moradabad imposing on the appellant a fiscal penalty of Rs. 18,96,636/ - for their failure to submit relevant documents as per conditions of license. The appellants were found to be guilty of violation of the conditions of license under Section 11 of Foreign Trade (Development and Regulations) Act, 1992.