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TMI Blog2008 (9) TMI 587X X X X Extracts X X X X X X X X Extracts X X X X ..... or the liability of the firm and no partner can escape such liability on any technicalities. - 5680/2006 (GM-Res) - - - Dated:- 20-9-2008 - D.V. Shylendra Kumar, J. REPRESENTED BY : S/Shri Lakshminarayan, Advocate for Kiran S. Javali, for the Petitioner. S/Shri Raghavendra B. Hanjer, Advocate for N.R. Bhaskar, CGSC, for the Respondent. [Order]. The writ petitioner is a person who was favoured with an advance licence extending duty exemption concession for importing mulberry raw silk fabrics for value of more than Rs. 150 lakhs and failed to fulfil the export obligation of even 10% Of the target and therefore was levied penalty under Section 11 of the Foreign Trade (Development and Regulation) Act, 1992. It is u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Import and Export Policy for the year 1992-97 the period during which an import licence had been given and therefore, the orders are vitiated. 4. There is not much dispute that the petitioner who was required to fulfil the export obligation of the value of Rs. 4.65 crores miserably failed in doing so. The finding of the adjudicating authority was that the obligation fulfilled was hardly about 8% of this value and in respect of the balance there was only a breach. 5. With regard to the argument that each partner should have been heard and the penalty is only on the firm, the argument is totally devoid of merit for the reason that the firm acts only through its partners and import by a partnership firm is in turn only by the partn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y engaged in correspondence from 30-6-97 and using dilatory tactics without actually exporting even one extra kilogram silk fabric. When the export obligation period has expired, the public notice No. 7 read with public notice No. 44 also gives opportunity to do exports provisionally. However, they have failed to utilise this opportunity too. Moreover, the import material was not available at the time of the two inspections conducted by this office. clearly demonstrates that the adjudicating authority was not only aware of these provisions but also has examined their applicability to the petitioners case. 7. The other apprehension expressed by the learned counsel for the; petitioner that the penalty is imposed on each partner, is more ..... X X X X Extracts X X X X X X X X Extracts X X X X
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