9911796707
TMI Blog2023 (12) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... 30000128 dated 12.05.2011 was issued by the Asstt.Director General of Foreign Trade, under the Office of Jt. Director General of Foreign Trade, Patna along with the condition sheet (Annexure A), in which the terms and conditions of the said Authorization was incorporated. The said condition sheet states that: i) The Authorization will be operative as per the provisions of Foreign Trade Poicy (2009-2014) and Handbook of Procedures (Vol.I) 2009-2014 or any other law/provision for the time being in force read with concerned Customs Notification No.102/2009 dated 11.09.2009 as amended from time to time. ii) The authorization holder shall execute Bank Guarantee/LUT (As the case may be) to Customs Authority before clearance of the first consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is not fulfilled in terms of the above proportions, except in such cases where the export obligation prescribed for a particular block of the year is extended by the regional Authority subject to payment of composition fee of 2% on duty saved amount equal to unfulfilled portion of EO, such Authorization holder shall within 3 months from the expiry of the block of years, pay duties of customs (along with applicable interest as notified by DoR) of an amount equal to the proportion of the duty leviable on the goods which bears the same proportion as the unfulfilled portion of the export obligation bears to be total export obligation. 5. Without payment of duty, the goods were cleared. The authorization was in operation as per the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s may allow evidence to the satisfaction of the Deputy/Asstt. Commissioner of Customs showing the extent of export obligation fulfilled, and where the export obligation of any particular block is not fulfilled in terms of preceding condition, the importer shall within three months from the expiry of the said block pay duties of Customs equal to an amount bears the same proportion to the duties leviable on the goods, but for the exemption contained herein, which the unfulfilled portion of the export obligation bears to the total export obligation, together with interest rate at the rate of 15% per annum from the date of clearance of the goods. 7. As the respondent could not fulfill their export obligation in terms of the condition No.6 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered the submissions. 11. We find that in this case no doubt the respondent in terms of Notification, has failed to fulfill the export obligation within a block of 4 years, the respondent is required to pay 50% of duty along with interest @ 15% within 30 days from the expiry of each block, but the respondent was not aware of this condition as they were under an impression that they were required to fulfill the export obligation within a period of 6 years. But, as and when investigation started the respondent immediately paid duty and interest. Further, as per the condition of the Notification, the appellant is required to pay duty along with interest. In that circumstances, the adjudicating authority has rightly refrained from imposing red ..... X X X X Extracts X X X X X X X X Extracts X X X X
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