2007 (2) TMI 32 - HC - Customs

Non fulfillment of Export obligation Alleged that appellant can t fulfill the export obligation as a condition of import of input After considering all the factore authority find that the stand is contrary to the appellant.

Summary

Issues:
1. Dismissal of writ petition against rejection of appeal for non-fulfillment of export obligation and non-submission of DEEC books.
2. Imposition of fiscal penalty for failure to submit relevant documents as per licence conditions.
3. Failure to deposit penalty amount for appeal under the Foreign Trade (Development and Regulation) Act, 1992.
4. Allegations of forged signatures and failure to provide evidence of export fulfillment.

Issue 1 - Dismissal of Writ Petition:
The appellant filed a writ petition against the rejection of their appeal for non-fulfillment of export obligation and non-submission of DEEC books. The Single Judge dismissed the writ petition, noting the appellant's failure to provide proof of export fulfillment within the specified period. The appellant's claim of a third party forging signatures and importing goods was rejected as an afterthought, not raised earlier, and lacking supporting evidence.

Issue 2 - Imposition of Fiscal Penalty:
The appellant was granted a license for importing brass scrap with a condition to export brass artwares within 18 months. Despite importing the scrap, the appellant failed to fulfill the export obligation or submit required documents. Subsequently, a fiscal penalty of Rs. 18,96,636/- was imposed for violating license conditions under Section 11 of the Foreign Trade (Development and Regulations) Act, 1992.

Issue 3 - Failure to Deposit Penalty Amount:
An appeal was filed by the appellant without depositing the penalty amount as required by the Foreign Trade (Development and Regulation) Act, 1992. The appellate authority granted opportunities for hearing and directed the appellant to deposit the penalty, which was not complied with. The appellant's admission of non-compliance and intent to pay customs duty with interest did not absolve them from the obligation to deposit the penalty for the appeal.

Issue 4 - Allegations of Forged Signatures and Lack of Evidence:
The appellant raised allegations of a third party forging signatures and importing goods on their behalf, a claim not presented during the appeal process. The appellant failed to provide any evidence, such as DEEC books, shipping bills, or realisation certificates, to support export fulfillment. The court found these allegations vague, inconsistent with earlier statements, and lacking credibility. The appellant's attempt to introduce new defenses was deemed an afterthought and dismissed as contrary to their earlier positions, leading to the dismissal of the appeal.

In conclusion, the High Court upheld the dismissal of the appellant's writ petition, emphasizing the importance of complying with export obligations, submitting required documents, and following due process in appeals under the Foreign Trade (Development and Regulation) Act, 1992. The court found no merit in the appellant's claims of forged signatures and non-compliance, highlighting the need for consistency and evidence in legal proceedings related to trade obligations.