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TMI Blog2023 (12) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ral lapse of not mentioning the EPCG licence number and the date on the shipping bills relating to the exports for fulfillment of EO under EPCG scheme. A decision was taken under para 2.5 of the EXIM policy that such procedural lapse may be condoned in relaxation of the existing policy provisions subject to submission/verification of the documents as enumerated therein. In the present case, the contention of the respondents nned not be considered that the appellant had not fulfilled the export obligation within the stipulated period. The same was not the ground in denying the benefit to the appellant. It is worth noting that the appellant even failed to place on record the shipping bills. Moreover, the appellant admitted that it did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e holder on the shipping bills which have not been submitted is rejected. The RA Chennai was directed to initiate necessary action, including action for recovery of duty and interest under the Foreign Trade (Development and Regulation) Act, 1992, as amended. 3. The learned Single Judge dismissed the writ petition. Aggrieved thereby, the present writ appeal. 4. The appellant was issued with EPCG licence for import of machineries and capital goods for its export unit. The CIF value of capital goods allowed to be imported is USD 5,03,800.12. The export obligation to be fulfilled is USD 18,75,383 within five years from the date of utilization of the licence. The actual utilization of the licence for import cost is USD 4,68,845.67. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant had also provided list of EPCG licences obtained by the licence holder as well as by the third party and also a declaration from the third party in a stamp paper duly certified by an independent Chartered Accountant declaring that the products exported for fulfillment of EO by them on behalf of the licence holder as per the details given. 7. According to learned counsel, the condition that the relevant shipping bills shall contain both the names of the third parties and the licence holder was not complied with. The documents submitted in compliance with condition nos. (i) to (iv) of the said circular would be sufficient to take care of condition no. (v). This aspect has not been considered by the learned Single Judge. 8. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant that the appellant had engaged third party exports. The conditions, in case of third party exports as per Circular No.7/2002, read thus: (i) No objection certificate from the 3rd party(s) for accepting the subject exports for fulfillment of EO against the EPCG licence obtained by the licence holder. (ii) An Affidavit/undertaking in a stamp paper, duly certified by an independent CA, declaring that neither the licence holder nor the 3rd party(s) has counted/shall count in future, the exports shown against a particular EPCG licence towards fulfillment of EO against any other EPCG licence. (iii) List of EPCG licences obtained by the licence holder as well as by the 3rd party(s). (iv) A declaration from the 3rd party(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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