9911796707
TMI Blog2011 (8) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 60,000 - Tribunal held due to the recession in the industry and also labour problem, the assessee was not in a position to fulfil the export obligation in time - Public Notice dated 7-11-2002, the assessee was entitled to seek extension of export obligation period of six months from the date of Public Notice for fulfilment of certain conditions - assessee has fulfilled the export obligation tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation. The validity period of the licence was 20-10-2000. The assessee could not fulfill the export obligation amounting to Rs. 5,21,33,991/- within the time. Now it is not in dispute that belatedly the entire export obligation has been complied with. The proceedings were initiated against the assessee by issuing a show cause notice as the export obligation has not been complied with within the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs from the date of Public Notice for fulfilment of certain conditions. In any case even by 11-12-2001, the assessee had more than fulfilled the export obligation. These factors have not been taken into consideration by the Adjudicating Authority. The Adjudicating Authority has strictly gone by the letter of law and demanded the entire duty foregone and further imposed penalty. Therefore, the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f he had sought for extension, the entire proceedings would have been unnecessary. The Tribunal taking into consideration the entire aspect rightly interfered with the order of the Adjudicating Authority. We do not see any justification to interfere with the order of the Tribunal as no substantial question of law arises for consideration in this appeal. The appeal is dismissed. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
