M/S. Embio Limited vs Director General Of Foreign Trade
Judges (2)
Case Significance
M/S. Embio Limited vs Director General Of Foreign Trade is a Supreme Court of India decision dated May 13, 2024 (citation: insc-2024-408). The appellant challenged a penalty of Rs. 23,38,882 imposed under Section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992, for failure to fulfil export obligations under an EPCG licence. The Supreme Court held that Section 11(2) is a penal provision requiring strict construction and applies only to imports/exports made in contravention of the Act, not to mere failure to export. The appeal was allowed and the penalty was set aside. The bench comprised Justices Abhay S. Oka and Ujjal Bhuyan. The judgment was delivered by Justice Abhay S. Oka.
Summary
The appellant challenged a penalty of Rs. 23,38,882 imposed under Section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992, for failure to fulfil export obligations under an EPCG licence. The Supreme Court held that Section 11(2) is a penal provision requiring strict construction and applies only to imports/exports made in contravention of the Act, not to mere failure to export. The appeal was allowed and the penalty was set aside.
What was the outcome of M/S. Embio Limited vs Director General Of Foreign Trade?
The appellant challenged a penalty of Rs. 23,38,882 imposed under Section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992, for failure to fulfil export obligations under an EPCG lice...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-408)