9911796707
TMI Blog2017 (12) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in question. However, for the sake of completeness, it would be apposite to consider the said question as well. The petitioner has no vested right for grant of extension of the export obligation period and thus its application for extension would necessarily have to be considered as per the policy in force. Undisputedly, as per the policy applicable on 23.06.2015, an extension for purpose of discharging the export obligation in respect of import of raw sugar could not be granted beyond a period of six months. Thus, even if it is assumed that the petitioner had made out a genuine case of hardship – which this Court finds that the petitioner has not – no extension beyond a period of six months for completion of the export obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained an Advance Authorization - Advance Authorisation No. 0510336650 dated 08.10.2012 - from the Regional Office of DGFT for import of 30,000 MT of raw sugar (corresponding to a polarimeter reading of less than 99.5% but not less than 98.5%) of CIF value of ₹ 82,94,62,500.00 with an obligation to export 28571.400 MT of white sugar of FOB value of ₹95,38,81,875.00 with the actual user condition. The export obligation was to be discharged within a period of eighteen months from the date of issue of the Authorization; that is, by 30.04.2014. 5. Admittedly, the petitioner failed to fulfil the export obligation within the prescribed time. After the time for performing the export obligation was over, the petitioner filed an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner had not fulfilled 50% of the export obligation as required under paragraph 4.42(c) of the Hand Book of Procedures (HoP) 2015-20. It was further pointed out that appendix 4J of the HoP had been amended by limiting the extension of export obligation period to six months. 8. On 07.12.2015, the petitioner once again applied for extension of the export obligation period, which was denied by a communication dated 08.03.2016. 9. Mr Somnath Shukla, the learned counsel appearing for petitioner contended that the petitioner had faced a genuine difficulty in performing its export obligation on account of the PIL filed before the Allahabad High Court pursuant to which the stock of white sugar owned by the petitioner was taken control of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner had moved any application before the Allahabad High Court to seek variation of the interim order to permit the petitioner to perform its export obligations, the learned counsel had responded in the negative. It is also seen that Allahabad High Court had passed the said order as the amount payable to sugarcane growers for purchase of sugarcane had not been discharged. This Court finds it difficult to accept that the Allahabad High Court would have interdicted the petitioner from exporting its sugar as the Court was only concerned with ensuring that the sale proceeds are utilized to discharge the dues of banks and sugarcane growers. Thus, this Court is of the view that the explanation of hardship as put forth by the petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of discharging the export obligation in respect of import of raw sugar could not be granted beyond a period of six months. Thus, even if it is assumed that the petitioner had made out a genuine case of hardship which this Court finds that the petitioner has not no extension beyond a period of six months for completion of the export obligation could be granted. 16. The petitioner also did not comply with the threshold requirement of completing 50% of the exports in order to qualify for seeking extension of the export obligation period in terms of paragraph 4.42(c) of the HoP 2015-20. The contention that the said provision is inapplicable to the petitioner since the advance authorization was issued prior to HoP 2015-20 coming in fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
