9911796707
TMI Blog2024 (12) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... e sunset period itself, as in terms of Section 49 (3) of the Act of 1999 the proceedings could had been initiated up to 31.05.2002 which in the instant case was initiated on 23.01.2001 to which the appellant has also given his reply on 01.12.2001. Hence, keeping in view the judgments of Mohd. Mustafa Ahmed Alvi and Others vs. Union of India and Others [ 2005 (11) TMI 257 - HIGH COURT OF ANDHRA PRADESH] and Binod Agarwal [ 2006 (12) TMI 587 - DELHI HIGH COURT] and M/s. Kitti Steels Limited and Others [ 2023 (6) TMI 1458 - TELANGANA HIGH COURT] the ground of proceedings being vitiated on the ground of limitation is not available in the instant case. Merits of the case RBI s write off was subject to the condition that the appellants would retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the part of the appellants so far as the condition imposed while granting write off, the appellants undoubtedly have contravened the provisions of Section 18 (2) and (3) of the Act of 1973. We do not find any substantial merits made out by the appellants calling for an interference to the impugned orders. The three appeals therefore being devoid of merits, deserve to be and are accordingly dismissed. - HON BLE SRI JUSTICE P.SAM KOSHY AND HON BLE DR. JUSTICE G. RADHA RANI For the Petitioner: Madhava Rao Ambadipudi For the Respondent Advocate: V.V.S.N. Raju. COMMON JUDGMENT: (PER THE HON BLE SRI JUSTICE P.SAM KOSHY) Since the issue involved in these three appeals is one and some, they are taken up for analogous hearing and decided by this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the same provisions of law. 6. The aforesaid order of penalty was subjected to challenge in appeals before the Appellate Tribunal. The Appellate Tribunal vide its impugned judgment dated 01.01.2008 reduced the penalty to 1/3 rd of the amount already imposed, which means that each of the appellant was liable to pay the penalty at 30% of the aforementioned amount of penalty awarded by the Special Director of Enforcement Directorate. 7. It is these two orders i.e. the Order in original dated 30.03.2007 and the order dated 01.01.2008 passed by way of common order in three appeals preferred by the appellants are under challenge herein. 8. The facts of the case in nutshell are that the proceedings were drawn against the three appellants he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite off, the question of further prosecution of the appellants under the provisions of the Act of 1973 was not permissible. 11. Learned counsel for the appellants also contended that the two authorities have failed to appreciate the conduct of the appellants inasmuch as the appellants had taken all reasonable steps for recovery of the export proceeds. In fact the appellants have taken the assistance from the concerned Indian Embassy and the High Commission of those countries seeking for assistance in making the requisite recoveries. Therefore, the appellants could not have been penalized, nor had been the penalty imposed as there was no lapse or lacuna so far as the appellants are concerned. 12. Having heard the contentions put forth on eit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings being vitiated on the ground of limitation is not available in the instant case. 14. As far as the merits of the case are concerned, from the pleadings what is available it clearly reflects that the solitary contention of the appellants is that of the RBI granting waiver of alleged contravention under Section 18 (2) of the Act of 1973. However, what is also not in dispute is that the RBI s write off was subject to the condition that the appellants would return the export incentive already availed by them. This in other words means that unless the return of the export incentive was testified by the appellants, the RBI s write off will not come into play. The entire correspondence of RBI while granting write off has to be read in co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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