Page 16 - ELT_15th August 2020_Vol 373_Part 4

xiv EXCISE LAW TIMES [ Vol. 373
D.G.F.T. Notification No. 39 (RE-1)/1997-2002, dated 22-11-2001 - See under
DEMAND/RECOVERY .............................. 564
Differential duty - Refund delayed of differential duty remitted under
protest, interest payable to assessee - See under INTEREST ........... 463
Director’s liability in offence by company relating to foreign exchange
regulations violation, scope when Director is a part time Director - See
under OFFENCE .................................. 433
Drawback not admissible to 100% EOU on goods received on payment of
duty from DTA unit as deemed export - See under
DEMAND/RECOVERY .............................. 564
Duty paid on inputs used in manufacture of export goods, partial sanction of
rebate in terms of C.B.E. & C. Circular No. 129/40/95-CX., dated 29-5-
1995 not sustainable - See under REBATE ..................... 566
— remitted under protest, interest payable to assessee on its delayed refund
- See under INTEREST ............................... 463
Effective date of Notification, High Court has jurisdiction to entertain
appeal on this issue - See under APPEAL TO HIGH COURT .......... 479
EPCG Scheme - Non-fulfilment of export obligation - Penalty on sick unit -
M/s. Karnataka Malladi Biotics Limited (KMBL) stood merged with
appellant Company herein as per scheme of amalgamation - Fiscal
penalty in question levied on M/s. KMBL on account of their failure to
meet certain export obligations never waived by Board for Industrial and
Financial Reconstruction (BIFR), relief granted by BIFR being only for
Customs duty - BIFR recommendation not challenged and the same
attained finality - Present appellant which stepped into the shoes of
KMBL after its merger with it, cannot revive the cause of KMBL, after
KMBL had withdrawn the challenge by withdrawal of the writ petition
before the Division Bench of this Court without reserving any such
liberty to reagitate the issue — Embio Ltd. v. Director General of Foreign Trade, New
Delhi (Kar.) ....................................... 449
Error Apparent on record not found, Rectification of Mistake not sustainable
- See under RECTIFICATION OF MISTAKE ................... 529
Exempted goods manufacture, admissibility of Cenvat Credit on inputs - See
under CENVAT CREDIT .............................. 458
Exemption - Terminal excise duty on deemed export, refund admissible
notwithstanding option of availing exemption - See under EXIM POLICY . . 470
EXIM - Advance authorization - Extension of time for fulfilling pending
export obligation - Petitioners although fulfilled export obligations for
both the authorizations in terms of quantity as well as in terms of F.O.B.
value but taken a little more time over and above six months allowed by
this Court for one of the authorizations - Sufficient cause shown by
petitioners for not fulfilling the export obligation within the time
specified by this Court - Joint Director General of Foreign Trade directed
to allow extension of appropriate period under Paragraph 4.42 of
Handbook of Procedures, 2009-14 upon charging of composition fee as
applicable — Lubi Industries LLP v. Union of India (Guj.) ................. 454
— Advance authorization - Extension of time for fulfilling pending export
obligation - Joint Director General of Foreign Trade having allowed
substitution of name of the new entity and its IEC number with extension
of export obligation period by six months under the directions of this
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