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DGFT

Delhi HC Grants Extension for Rs. 50 Lakh DGFT Penalty Due to DRI Delay

Case Law Details

TaxGuru Citation
2024 taxguru.in 4312
Case Name
Chintamani Sharma And Sons Vs Union of India & Ors. (Delhi High Court)
Date of Judgement/Order
Only available for paid members
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Chintamani Sharma And Sons Vs Union of India & Ors. (Delhi High Court)

In the case of Chintamani Sharma And Sons Vs Union of India & Ors., the Delhi High Court addressed a petition challenging a Rs. 50 lakh penalty imposed by the Directorate General of Foreign Trade (DGFT) on the petitioner under the Foreign Trade (Development & Regulation) Act, 1992. The penalty was levied due to the petitioner’s failure to meet export obligations under an Advance Authorisation License obtained for importing copper rods for manufacturing and exporting copper wire. The petitioner argued that the delay in submitting the necessary export obligation documents was caused by the Directorate of Revenue Intelligence (DRI), which had possession of the original documents. The Court acknowledged the substantial penalty and the petitioner’s efforts to obtain the required documents from the DRI. While the Court did not find any error in the DGFT’s order, it granted the petitioner a six-week extension to submit the documents. If the petitioner fails to comply within this period, the DGFT is permitted to issue a new order. The Court did not comment on the merits of the case, leaving all rights and contentions open.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,756

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