IEC : File no 34/24/04/000113/AM08 Date : ECA File No: 34/01/002/00037/AM14 Authorisation No: ORDER IN ORIGINAL

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1 GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY OFFICE OF THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE 1, SARDAR PATEL BHAVAN (JILLA PANCHAYAT BUIDLING), RAJMAHAL RD, NR POLO GROUND, VADODARA Tel: FAX: IEC : Date : ECA File No: 34/01/002/00037/AM14 Authorisation No: ORDER IN ORIGINAL 1. Any party/person aggrieved by this Order may file an appeal against the same to the appropriate Appellate Authority i.e. The Additional Director General of Foreign Trade, Office of the Additional Director General of Foreign Trade, 48, Nistha Bhavan, Vithaldas Thakarsey Marg, Churchgate Mumbai , in terms of Section 15 of the Foreign Trade (Development and Regulation) Act, 1992, within 45 days from the date of receipt of this Penalty Order under intimation to this office. 2. In case no appeal is filed within the stipulated period before the Appellate Authority as above, the penalty amount shall become due and shall be deposited with the Government of India within the period specified in this Order. 3. In terms of Section 11(4) of the Foreign Trade (Development & Regulation) Act, 1992, penalty imposed under this Order, if not paid within the specified period, shall be recovered as arrears of land revenue and also the Importer-Exporter Code number shall be suspended till the penalty is paid. 4. M/s TYCO VALVES AND CONTROL INDIA PVT LTD (amended as PENTAIR VALVES AND CONTROLS INDIA PVT.LTD) 302 A IVORY TERRACE RC DUTT RD, ALKAPURI, BARODA,GUJRAT PIN (hereinafter called noticee firm)had obtained a Advance Authorisation on from Office of the Joint Director General of Foreign Trade, Vadodara with following details : Licence Number and , Amendments : 0 Date Licence Category File number Name Port of Registration INBOM4 Notification No Advance Authorisation AM08 TYCO VALVES & CONTROLS INDIA PVT.LTD. ( Branch : 0 ) CIF Rs.: in FC: USD Adjudication Order O/o Jt. DGFT, Vadodara Page: 1/5

2 FOB Rs.: in FC: USD 5. DETAILS OF DUTY FREE IMPORT ITEMS ALLOWED: Sl.No. ITCHS Code Import Item Name. Qty UOM CIF (Rs.) CHECK VALVE SUB ASSEMBLY ( PART NO.AND Number DESCRIPTION AS PER APPLICATION) CIF (US Dollars) Total 1,499, , DETAILS OF EXPORT OBLIGATION IMPOSED : Sl.No. ITCHS Code Export Item Name. Qty UOM FOB/FOR (Rs.) 61/0- CHECK VALVES CONSISTING OF CHECK VALVE SUB ASSEMBLY QTY.31 NOS Number (PART NO.AND DESCRIPTION AS PER APPLICATION) FOB/FOR Currency realisation) (in of US Dollars Total 2,306, , Meanwhile, Export Obligation Period (EOP) of Advance Authorization No was expired on Demand Notice for submission of documents evidencing fulfillment of Export Obligation was issued on In the reply of Demand Notice, the letter was received on which mentioned your readiness to pay custom duty with interest. You also mentioned that Export Documents were lost at your end. The reply dt from this office against your letter rejected your request and informed you to regularize your import under para 4.28 of Handbook of Procedure. No communication was received till date thereafter. 11. Shaw Cause Notice was issued with direction of Personal Hearing before Shri U. K. Solanki Jt. DGFT, Vadodara on I have gone through the facts and records of the case carefully. As per the conditions of the Advance Authorization, the noticee was required to fulfill Export Obligation of items mentioned under para 6 with value of Rs. 2,306, and 56, US Dollars. Adjudication Order O/o Jt. DGFT, Vadodara Page: 2/5

3 13. Due course of Natural Justice has been followed by this office by issuing Demand Notice and Show Cause Notice. Reasonable time period was given for Personal Hearing before Shri U K Solanki, Jt. DGFT Vadodara. Till date of the passing of this Adjudication Order, the noticee failed to submit Export Document. So the noticee failed to fulfill export Obligation. As no single document is submitted towards fulfillment of Export Obligation, I am of the opinion that export is NIL. ORDER 14. In view of the above, I hold the noticee firm responsible for violation of the provisions of Export and Import Policy and Section 11 of the Foreign Trade (Development & Regulation) Act, In exercise of powers vested in me under Section 13 of the Foreign Trade (Development & Regulation) Act, 1992, I hereby impose a fiscal penalty of Rs. 29,98,000 ( Twenty nine lakh ninty eight thousand rupees only) on the noticee firm M/s TYCO VALVES AND CONTROL INDIA PVT LTD (amended as PENTAIR VALVES AND CONTROLS INDIA PVT.LTD) and its Directors/Partners/Proprietors under Section 11(2) of the the Foreign Trade (Development & Regulation) Act, The penalty imposed on the above mentioned firm and its directors to be deposited to the Govt. of India under the Head of Account 1453-Foreign Trade and Export Promotion-Minor Head 102-Other Receipts Fines and Penalties etc Imports and Exports Trade (Control) Organization, within a period of 45 days from the date of receipt of this Order. 16. This Order is without any prejudice to any other action that may be taken against the noticee firm under Foreign Trade (Development & Regulation) Act, 1992 and Rules and Orders thereunder or any other Act or Law in force including Customs Law. (U K SOLANKI) JOINT DIRECTOR GENERAL OF FOREIGN TRADE VADODARA Adjudication Order O/o Jt. DGFT, Vadodara Page: 3/5

4 By Registered Post To, IEC : Party Name and Address: TYCO VALVES AND CONTROL INDIA PVT LTD C/O PENTAIR VALVES AND CONTROLS INDIA PVT.LTD 302 A IVORY TERRACE RC DUTT RD ALKAPURI BARODA,GUJRAT PIN Copy To: Directors: 1. IQBALSINGH MALHOTRA BHAGWANTSINGH MALHOTRA VILLA NO 52 B SHIVASHRAY VASNA ROAD BARODA/GUJARAT PIN Phone/ WILLIAM CHEUNG CHIH HSUN CHEUNG ROOM NO. 2002, TOWER 11, GUBEI RUISHI,PARK NO.300,MANAO ROAD, CHANGNING DIST.SHANGHAI, CHINA PIN Phone/ 3. PAK LEUNG STEVEN LEUNG YUAN LEUNG UNIT NO.801,NO.7,LANE 168,SHUNCHANG ROAD, LUWAN DISTRICT, SHANGHAI, CHINA PIN Phone/ Branches: 1. Branch Code:3 133 G.S.T. ROAD VALLANCHERI VILL. GUDUVANCHERRY CHENGALPET DIST: TAMILNADU PIN Branch Code:4 SURVEY NO.150 HALOL-KALOL GODHRA ROAD P.O. MEGHASAR PANCHMAHAL GUJARAT PIN Branch Code:9 GR. FLOOR,AT BUNGLOW NO.24,SHIVAJI HOUSING SOCIETY,OFF. SENAPATI BAPAT ROAD, PUNE PIN Branch Code:13 10TH FLOOR, TOWER-B,PRESTIGE SHANTINIKETAN, OPP- TO BIG BAZAAR, BANGALORE PIN Adjudication Order O/o Jt. DGFT, Vadodara Page: 4/5

5 3. Branch Code:5 R-701,T.T.C, INDUS. AREA, MIDC. RABLE, NAVI MUMBAI PIN Branch Code:6 UNIT NO.312, 3RD FLOOR, LORDS, BUILDING PREMISES,NO.7/1,LORD SINHA ROAD,KOLKATA PIN Branch Code:7 44, DEEPAK BUILDING, FLAT NO. 4TH FLOOR, 13, NEHARU PALACE, NEW DELHI PIN Branch Code:8 MANDIRA APARTMENT FLAT NO.3A, B BLOCK,23-C,NORTH BOAG ROAD, T. NAGAR, CHENNAI PIN Branch Code:14 PLOT NO.116,IDA, 9TH CROSS ROAD, PARAWADA VISAKHAPATNAM PIN Branch Code:15 804,8TH FLOOR,WINDSOR,OFF. CST ROAD KALINA, SANTACRUZ(E) MUMBAI PIN Branch Code:16 PLOT NO.284&285, GIDC ESTATE, HAZIRA,VILL-ICHHAPORE,CHORIYASI DIST- SURAT PIN Adjudication Order O/o Jt. DGFT, Vadodara Page: 5/5