9911796707
TMI Blog2014 (6) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. As per appellant the short-fall is approximately 1.63% while the adjudicating authority has recorded the short-fall of approximately 21.47% but DGFT authorities ordered short-fall of approximately 9.32% - Held that: as adjudicating authority is at variance against the DGFT authority’s findings and the claim made by the appellant, as to there being short fall of 1.63%, the issue needs d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Net Foreign Exchange Earnings as per performance of export. 3. Heard both sides and perused the records. 4. Learned counsel appearing on behalf of the appellant draws our attention to the show cause notice, order-in-original and submit that appellant had exported the goods manufactured out of the raw materials imported but there is a short fall of exports which was accepted by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 80) ELT 97 (tri. Mum.) and also the decision in the case of Natural Stone Exports Limited which was upheld by the Hon ble High Court of Karnataka as reported at 2013 (288) ELT 341 (Kar) for the submission that there is an achievement of export obligation to the extent the assessee has achieved the export, no duty is leviable. He submits that the judgment on which the adjudicating authority has re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that appellant should be put to some condition to hear and dispose the appeal on merits. Accordingly, we direct the appellant to deposit an amount of ₹ 10,00,000/- (Rupees ten lakhs only) within eight weeks from today and report compliance on 01.09.2014 before Deputy Registrar. Deputy Registrar, after ascertaining the compliance shall place the file before the Bench for passing an appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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