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2006 Supreme(P&H) 4522

ADARSH KUMAR GOEL, RAJESH BINDAL
Neeldhara Weaving Factory – Appellant
Versus
Dgft, New Delhi – Respondent


Judgment

1. This writ petition seeks quashing of order dated 4-5-2005, Annexure P14 passed by the appellate authority under the provisions of the Customs Act, 1962 (for short, #24;the Customs Act#25;). Show cause notice dated 9-8-2000 was issued to the petitioner and its partners under Section 4L of the Import and Exports (Control) Act, 1947 (for short, #24;the 1947 Act#25;) read with Section 20(2) of the Foreign Trade (Development and Regulation) Act, 1992 (for short, #24;the 1992 Act#25;) for taking action for failure to fulfil export obligation under Advance Licence No. 3071782 dated 27-2-1984 for Rs. 5,00,000/- and Advance Licence No. 3072471 dated 22-9-1984 for Rs. 5,00,000/-. Allegations in the notice are that exemption benefit was allowed for import of 24 M.T. subject to export obligation of exporting 3000 Pcs Acrylic Children T. Shirts, 35000 Pcs. Acrylic Gents T. Shirts weighing 20 M.T. for a FOB value of Rs. 11,92,500/- within the stipulated period. Second instalment of licence was issued bearing No. 3072471 dated 22-9-1984 for Rs. 5 lacs for import of 25 MT of Acrylic Fibre man-made with both value and quantity as limiting factor. The duty exemption benefit was allowed fo



























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