TODI INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Petition is directed against the recovery certificate dated 30th July, 1984 issued by the Customs Authorities. The main ground of challenge is that the export was carried within the period extended by the authorities under bond and as such, issuing of such certificate is wholly without any justification. For adjudication of question as involved, the facts relevant are thus :

(2.) THE Petitioner is a manufacturer of Gas Mantles. For the purposes they are required certain chemicals to be imported. On 22nd September, 1981, the exemption certificate was granted. The Petitioner executed a bond for the compliance of the condition necessary for availing benefit of exemption. One of the stipulations was that total export of Rs. 69,61,000 to be made within a period of six months.

(3.) UNDISPUTEDLY, as the Petitioner could not fulfil the condition as per terms of the bond, period was extended up to 30. 9. 1982. Even then, the Petitioner failed to comply and could not complete the export as quantified.