1994 (11) TMI 198

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....hri R.K. Kapoor, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above appeals arise out of different adjudication orders passed by the Additional Collector of Customs, Calcutta confiscating pre-mutilated synthetic rags imported by the appellants with option to redeem the same on payment of redemption fine and imposing penalties on the appellants on the ground of....

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....s that the issue is covered in favour of the importers by the judgment dated 1-2-1994 of the Division Bench of the Hon'ble Calcutta High Court in the case of Kalindi Woollen Mills Pvt. Ltd. v. Union of India - Appeal No. 384/90 and Matter No. 3145/89 [Since reported in 1994 (74) E.L.T. 827 (Cal.)] holding that the Public Notice and ITC order are without jurisdiction, being ultra vires the provisio....

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.... or jurisdiction whatsoever to restrict importation of goods under OGL only through the ports of Bombay and Delhi ICD. We also note that the ITC Public Notice and ITC order have been the subject matter of interpretation of the other High Courts also. In the case of P.S. Tandon v. Union of India and Another - 1991 (33) ECR 419, the Hon'ble Madras High Court has held that the order restricting impor....

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....allowed. In the case of Swastika Woollen Industries Pvt. Ltd. v. Union of India reported in 1992 (62) E.L.T. 17, the Rajasthan High Court was considering the issue of OGL imports only through Bombay and Delhi as incorporated in Item 29 of the Appendix 6 of the 1990-93 Import Policy and the Court held that such restriction is arbitrary and unreasonable and allowed the writ petition. 4. The ....