9911796707
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Issues:
1. Compliance with export obligation under Notification No. 111/95 and EXIM Policy 1992 - 1997. 2. Modification of stay order due to extension granted by DGFT for EPCG licence. Analysis: 1. The appellants were directed to pre-deposit the entire duty amount for non-compliance with the export obligation under Notification No. 111/95 and EXIM Policy 1992 - 1997. Despite multiple attempts seeking modification of the stay order, the appellants deposited a partial amount and continued to request changes. They eventually submitted a fresh application stating that the DGFT had granted them a five-year extension until 8-3-2008 to fulfill the export obligation. The Commissioner's report also highlighted that the department intended to seek an extension from DGFT without considering the expiry of the licence period and the previous adjudication order confirming the demand and penalty. 2. After hearing both sides, the Tribunal found that the DGFT had indeed extended the EPCG licence term until 18-3-2008, and the appellants had provided the necessary undertaking to DGFT. Consequently, the stay order was deemed unsustainable due to the extension granted by DGFT. As a result, the Tribunal set aside the impugned order and remanded the matter to the original authority for fresh consideration. The original authority was instructed to initiate proceedings only if the appellants failed to fulfill the terms of the EPCG Licence and their undertaking. The department was authorized to take action only if the extended time for export obligation was not met by the appellants. Therefore, the miscellaneous application, stay, and appeal were allowed through remand. This detailed analysis outlines the issues of compliance with export obligations and the modification of the stay order based on the extension granted by the DGFT for the EPCG licence, leading to the Tribunal's decision to set aside the impugned order and remand the matter for further consideration.
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