9911796707
TMI Blog2018 (11) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. This is the third round of litigation which the petitioner has initiated before this Court for virtually the same purpose. The issue, which falls for consideration in this writ petition lies in a narrow compass, that is to say as to whether the petitioner is required to pay a sum of Rs. 22,56,485/-, being the [composition] fee for being entitled for extension of time to complete the export obligation in terms of the advance authorisation permission dated 23-8-2012. In terms of the said permission, the petitioner had time till 31-3-2014 to complete the export obligation as per the stipulation in DEEC licence. The petitioner was unable to do so and sought for extension vide application dated 5-1-2015. Undoubtedly, this application wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner filed W.P. Nos. 21634 and 21636 of 2017, wherein the petitioner sought for removing their name from DEL and for seeking extension of time to comply with the export obligations in terms of Advance Authorisation dated 23-08-2012. The writ petitions were disposed of by a common order dated 16-8-2017 with a direction to consider the petitioner's representation dated 22-5-2017 seeking extension of time, examine the bona fides of the representations in accordance with the relevant regulations and pass a speaking order within a time frame. The order was communicated by the petitioner to the respondents 1 to 3 vide representations dated 9-9-2017 and 20-9-2017. 4. Ultimately by communication dated 17-10-2014, the petitioner's application f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner in W.P. Nos. 2304 and 2305 of 2018. They were heard together and were disposed of by a common order dated 5-2-2018. The operative portion of the order reads as follows : "8.I do not agree with the submissions made by the Learned Senior Standing Counsel to remand the matter to the second respondent to consider the eligibility of the petitioner for such prospective extension. After the petitioner's representation seeking extension, though the composition fee has been paid by the petitioner not once or twice the second respondent has decided to grant the extension only upto 2-7-2014. Therefore, the question of remanding the matter to the second respondent to once again decide the issue is unnecessary and uncalled for. 9.&ems ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos. 2304 and 2305 of 2018 are partly allowed and the impugned order dated 19-1-2018 is set aside in so far as it stipulates the period of extension for fulfilling the export obligation be calculated for a period of six months from 22-2-2014 and the same is set aside with a direction to the second respondent to grant the petitioner extension of time by 6 months prospectively from the date of issuance of the order to be passed by the second respondent. 13. In the light of the orders passed by this Court in W.P. Nos. 21634 and 21636 of 2017 dated 16-8-2017 and the observations made above, W.P. No. 113 of 2018 is allowed and the impugned proceedings dated 16-11-2017 are set aside and the respondents 2 and 3 are directed to remove the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may, since the application for extension of time having not been rejected and order has been passed granting extension of time on 19-1-2018, which was interfered only with regard to the date of extension, now the respondent Department cannot go back on what they have said in their order dated 19-1-2018 under the pretext of demanding higher composition fee . 10. Thus, for the above reasons, the impugned order demanding additional sum of composition fee over and above the amount already remitted by the petitioner is without jurisdiction and illegal. 11. In the result, the writ petition is allowed and the impugned order is set aside and the respondent is directed to take note of the payment effected by the petitioner, namely Rs. 41 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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