Page 191 - ELT_1st August 2020_Vol 373_Part 3

2020 ] K. DHANDAPANI & CO. LTD. v. D.G.F.T., NEW DELHI 373

contained herein in respect of which the conditions specified in col-
umn (2) of the Table have not been complied with.
TABLE
S. No. Description Rate of duty
(1) (2) (3)
1. Importer undertaking an export obligation 25% ad valorem
equivalent to three times the CIF value of the
said capital goods over a period of four years
under paragraph 38 of the Policy.
2. Importer undertaking an export obligation 15% ad valorem
equivalent to four times CIF value of the afore-
said capital goods over a period of five years
under paragraph 38 of the Policy.

Explanation : In this notification, -
(i) “capital goods” means any plant, machinery, equipment or accesso-
ries required by an importer for manufacture of goods and shall in-
clude machinery for packing goods, testing equipment and equip-
ment required for Research and Development activity;
(ii) “Export and Import Policy” means the Export and Import Policy, 1st
April 1992—31st March 1997 published vide Public Notice of the
Government of India in the Ministry of Commerce No. 1-1TC
(PN)/92-97, dated the 31st March, 1992;
(iii) “Licensing authority” means an authority competent to grant a licence
under the Import (Control) Order, 1955, made under the Imports and
Exports (Control) Act, 1947 (18 of 1947).
[F. No. B. 31/7/92-TRU]
RAJIV SHARMA, Under Secy.
18. It was further submitted that under the provisions of the Foreign
Trade Development And Regulation Act, 1992, the officers are empowered only
to impose penalty. They neither have the authority to collect Customs duty nor
interest and that function is left to the officers under the Ministry of Finance, De-
partment of Revenue under the provisions of the Customs Act, 1962.
19. The Learned Counsel for the petitioner in W.P. No. 38158 of 2003
placed reliance on the following decisions in support of the present writ
petitions :-
(i) India Carbon Ltd., Etc. v. The State of Assam, 1997(6) SCC 479
(ii) V.V.S. Sugars v. Govt. of Andhra Pradesh and Ors., AIR 1999 (SC) 2124
(iii) Delta Paper Mills Ltd. v. Collector of Central Excise, Gunter, 1995 (77)
E.L.T. 544 (A.P.)
(iv) The Income Tax Officer, ‘A’ ward Indore v. Gwailor Rayon Silk Manufac-
turing (Weaving) Co., Ltd., Birlagram. Nagda, AIR 1976 (SCC) 43
20. The Learned Counsel for the petitioner in WP. No. 22282 of 2009
placed reliance on following decisions rendered by the Tribunal as detailed be-
low :-

EXCISE LAW TIMES  1st August 2020  191