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Issues: Remand for fresh adjudication due to outstanding export proceeds and non-realization of goods by foreign buyers.
In this judgment by the Appellate Tribunal Foreign Exchange Regulation Appellate Board, the Chairman noted that the appellant sought an adjournment due to personal illness, supported by a Medical Certificate, while the respondents did not file any application for adjournment. The Chairman decided to proceed with the case under section 52(4) of the Foreign Exchange Regulation Act, 1973, without a hearing due to the outstanding GRIs related to non-realization of export proceeds. The appellant was exonerated from charges regarding two GRIs, but three GRIs remained unresolved, indicating non-realization of export proceeds. The appellant claimed inability to produce certain correspondence related to these GRIs, stating that the goods were not cleared by foreign buyers and were auctioned at the port. The Chairman emphasized the need to inquire whether the foreign buyers took delivery of the goods to determine the contravention of section 18(2) and the necessity of payment. The case was remanded for fresh adjudication to investigate whether the goods were delivered to foreign buyers and to assess the appellant's actions in securing payment, with instructions to the adjudicating authority to gather evidence and bank documents for a thorough examination. The judgment highlighted the significance of clarifying whether the foreign buyers cleared the goods covered by the outstanding GRIs to establish the contravention of section 18(2) and the obligation for payment. The Chairman emphasized the need for a detailed inquiry into the delivery status of the goods to determine the appellant's liability. The decision to remand the case for fresh adjudication underscored the importance of examining all relevant evidence, including correspondence and bank documents, to ascertain the factual circumstances surrounding the non-realization of export proceeds. The adjudicating authority was directed to thoroughly investigate the matter and reach a reasoned decision based on the findings regarding the delivery status of goods to foreign buyers and the appellant's actions in ensuring payment. The judgment aimed to ensure a fair and comprehensive assessment of the situation to uphold the principles of the Foreign Exchange Regulation Act and determine the appropriate course of action based on the facts presented during the fresh adjudication process.
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