9911796707
TMI Blog2012 (8) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr.A.S. Rao with Mr.H.V. Mehta for Union of India. Mrs.Neeta V Masurkar for respondent ORAL JUDGMENT : (Per J.P. Devadhar, J.) 1. Whether the Deputy Director of Foreign Trade by two ordersinoriginal dated 16th January 2007 and 22nd January 2007 was justified in holding that not only the company known as Patheja Forgings and Auto Parts Manufactures Limited but also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'Patheja Forgings' for short) during the period from 17th April 1996 to 10th February 1999. 4. During the said period, Patheja Forgings had applied for and obtained various DEPB licenses and under the said licenses had imported raw materials with an undertaking to fulfill the export obligation to the extent specified in those licenses. As the company failed to fulfill the export obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more." 6. In the present case, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the licenses or importing raw materials under those licenses or disposing / utilizing the imported raw materials. It is not even the case of the Revenue that the petitioner had executed any undertaking for due performance of the obligations under the DEPB licenses in question. In these circumstances, imposition of fiscal penalty qua the petitioner cannot be sustained. Accordingly, we hold that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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