9911796707
TMI Blog2023 (5) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... 05.2015. 2. By the said order, the request of the petitioner to permit it to exit from the scheme has been rejected on the ground that petitioner had not submitted periodic performance report during the validity of letter of permission and as agreed in legal undertaking which amounted to non-compliance of the conditions. The order states that the petitioner should vacate all the non-software technology park units and resubmit the application seeking for exit with proof of said vacation. 3. It is not in dispute that the petitioner was licenced as infrastructure service provider and as a result, it was entitled to certain benefits under Chapter - VI of Foreign Trade Policy. Clause 6.18 of Chapter - VI deals with exit from EOU scheme. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B/Duty Drawback." 4. As could be seen from the provisions of the scheme, the objective of the clause is to ensure that an entity which has taken some benefit in the form of importing capital goods without payment of duty, the same would not be entitled to exit from the scheme without making good the duties that it had availed off. The objective of the scheme is essentially to ensure that an entity does not take the benefit of the scheme and thereafter withdraw from the scheme and make a profit out of the entire venture. 5. The petitioner admittedly made an application seeking for exit from the scheme and it was its specific case that it had not imported any capital goods or procured any capital goods in respect of project. 6. The author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not entitle the authority to reject the application on the ground that the periodical performance report had not been furnished. In this case, the authority has in fact stated that the petitioner did furnish the IT park progress report as per its email dated 10.06.2009. The mere noncompliance of a procedural requirement cannot prevent the petitioner from exiting from the scheme. 9. However, learned Deputy Solicitor General vehemently contended that the petitioner ought not to be granted any discretion since the periodic performance reports were not furnished and this was an essential term of the licence. He also contended that as against the impugned order there was an appeal provided and therefore, without availing the appellate remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
