9911796707
TMI Blog2001 (6) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 4 lakhs on the ground that the deposit of the penalty amount by the appellant in the circumstances of the case will cause undue hardship to him. The learned counsel of the appellant expressed his willingness to argue the case on merits straightway so that the appeal can be finally disposed of. 2. Having given our careful consideration to the submissions made in the memorandum of appeal and the material brought on record by which number of documents annexed to the appeal indicating the steps taken by the appellant for realisation of the export proceeds in question and particularly the fact that the appellant has approached the RBI for permission to write off the outstanding export proceeds and the concerned authorised dealer writing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods were confiscated by US customs. The RBI had granted extension of time upto 30th June in respect of 9 GRs relating to 2 buyers where the prescribed period was over. In view of the liquidation proceedings against 3 buyers and confiscation of goods by US customs in the fourth case, theappellant requested through Punjab National Bank, Authorised Dealer, for write off the unrealised export proceeds in these cases. In the meantime, the respondents have initiated proceedings against the appellant for non-realisation of export proceeds. In view of this pending proceedings, Punjab National Bank, Authorised Dealer, wrote to the respondents inviting the objections, if any, to the proposed writing off the unrealised export proceeds as requested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the export proceeds in question. Shri Tripathi further submitted that in the facts and circumstances, there was nothing else which the appellant could have done. Shri Tripathi strongly contended that even after lodging their claim with the receiver/liquidator, the appellant did not stop making efforts for realisation of the export proceeds through Indian High Commission and other available means. Shri Tripathi referred to a telex message sent by Mr. Tim which is at page 62 of the Paper Book filed by the appellant whereby the appellant have threatened to take strict action against the buyer in case of non-remission of the payment due which action include serving of legal notice for non- payment whereupon ECGS would black list the buye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the export proceeds in the stipulated period. It may be mentioned that what is required to discharge the onus and thereby to rebut the presumption under section 18(3) is to show that the appellant has taken all the reasonable steps to receive or recover the payment for the goods exported. If he is able to prove that such reasonable steps were, in fact, taken by him, he cannot be held for contravening the provisions of section 18(2) even if the export proceeds has not been realised. On carefully going through the large number of documents filed by the appellant in support of his claim, I find that he, in fact, had taken all the reasonable steps to recover the payment of the export proceeds, I am satisfied that he has taken all the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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