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TMI Blog2008 (8) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... ter exporting goods for the value of Rs. 15,87,724 failed to take reasonable steps for repatriation of export proceeds of the goods sent through 12 GRIs. The appellant has already pre-deposited the amount of penalty on 22.1.07. This statement of the appellant is confirmed by Dr. Shamsuddin, DLA. Presently this appeal is taken up by final disposal on merits. 3. We have heard Shri Rajesh Gulati, Advocate, on behalf of the appellant and Dr. Shamsuddin, DLA, on behalf of the Enforcement Directorate. Shri Rajesh Gulati, Advocate, has also filed written submissions which are taken on record. 4. A Show Cause Notice No.T-4/14-D/92 SCN-I dated 8.4.92 was issued to the appellant asking him why adjudication proceeding should not be held against him on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovides that if exporter does not receive payment of goods exported within the prescribed period, it shall be presumed that the exporter has not taken reasonable steps to receive the payment for the exports. The Rule 8 of Foreign Exchange Regulations Rules, 1974 provides that the amount representing the full export value of goods exported shall be realized and be paid to the authorized dealer, on the due date for payment or within six months from the date of shipment of goods whichever is earlier. However, the presumption under Section 18(3) is rebuttable. Hence we are required to look at the facts with deep consideration if the steps taken can possibly displace the statutory presumption. 7. At this stage we are required to ascertain the mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is required to be received. The first set of GRI is 7 in number whose value described is Rs. 6,38,623 and the next set consists of 1 GRI whose value is Rs. 2,24,000. About these 8 GRIs the impugned order has exonerated the appellant, hence, there remains nothing to discuss in this appeal so far as these exports are concerned. The third set consists of 12 GRIs whose total value 158724. 10. The third set of export consist of 12 GRIs. The first two GRIs are argued as having been covered by receipt of the price through another bank and foreign inward remittance certificates are sent by concerned bank i.e. Canara Bank to RBI when the RBI regularized this receipt by letter dated 15.10.1991. Similarly the third No.776748 is realized and Canara Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eds of 3 GRIs. 15. This is an admitted position that export price of 3 GRIs is not received and other price though received but after expirty of the extended period by RBI. The pendency of request of extension or write off can hardly make this case favourable to the appellant because pendency by itself cannot be treated as grant of write off or extension. This legislature has chosen RBI as delegate to exercise this power who has not exercised this power so the appellant is required to be held guilty so far as price of the 3 GRIs is concerned. Therefore this appeal is required to be allowed partly but the appellant is held guilty for contraventin of the Section 18(2) read with 18(3) with regard to price of the 3 GRIs. Hence, the penalty is r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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