2011 (6) TMI 611

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Condition" is declared not mandatory under the Tariff Rate Quota (TRQ) scheme. 3. The appellant claims to be a large scale cultivator of Maize (corn) in large quantity and to have taken up extensive agricultural operations for the purpose and to representing several small and medium farmers involved in the cultivation of Maize, as well. The appellant complains that as a consequence of the notification impugned in the writ petition, the appellant and other farmers, small or medium, would be prejudicially affected as Maize could now be imported without restricting such import for the purposes of Actual Use of the importer; and this would bring down the price of the Maize in Country and thereby render the substantive occupation of the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... qua, the Handbook of Procedures. Para 2.8 states that "every authorization shall be valid for prescribed period of validity and shall contain such terms and conditions as may be specified by RA (Regional Authority) which may include : (a)     Quantity, description and value of goods; (b)     Actual User Condition; (c)     Export obligation; (d)    Value addition to be achieved; and (e)     Minimum export/import price. Sl. No. (b) enumerates : "Actual User Condition". On a true and fair construction of the provisions of Para 2.8, it is clear that "Actual User Condition" may be specified in the authorization by the Regional Author....