TaxTMI 
TaxTMI 
1980 (12) TMI 184
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....icences for import from time to time on the basis of that quota certificate. After reconstitution, the firm applied for the transfer of quota rights in the name of new firm on September 27, 1960. The petitioner contends that they made requisition of that firm together with all the documents to the Chief Controller of Imports and Exports, New Delhi. Pending decision on the transfer of Quota Rights, the petitioner made an application for import licences for the relevant licensing period i.e. April-September, 1960, October, 1960, March, 1961 and April, 1961-September, 1961. It appears that the office of the Chief Controller of Imports and Exports needed some additional information and documents and formally by their letter No. S. 40/1951/TOR/1....
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....bay but the same was rejected on 23-24th May, 1967. On a further appeal to Chief Controller of Imports & Exports, the petitioner did not get any success as on 6-1-1968 the Chief Controller informed that order passed on 30-11-1966 could not be revised. The petitioner sought revision of this order but that was also rejected on August 19, 1968. 4. The main question for decision in this petition is whether the revalidation of the Quota Certificate should take effect from October 1961-March, 1962 or from the date of the reconstitution of the firm. In other words whether the revalidation would cover the licensing periods from April-September, 1960, October 1960, March 1961 and April 1961-September 1961 as claimed by the firm. 5. T....
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....epartment asked for all the documents et one time or kept on asking for additional documents up to April, 1962, or not is not so relevant. It does not stand to reason, however, that the petitioner was interested in delaying the matter as it was seriously prejudicial to its own interest. It is a matter of common experience that delays do take place in the Government Departments due to the procedures and multiplicity of the authorities dealing with those matters. The legal question as to the date from which the transfer of Quota Certificate is effective in law is no more open for fresh decision. It is concluded by a decision of the Supreme Court. 6. The question as to whether the transfer of quota rights becomes effective from the dat....
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....d by instruction 72 in that behalf. Such being the nature of the proceeding before the Chief Controller it follows that when he gives approval to the division of the quota between the partners of a dissolved firm in accordance with the agreement between them, the approval must take effect from the date of the agreement between the partners, ......... In such circumstances it would in our opinion be fair to hold that the Chief Controller's approval dates back to the data of agreement so that such persons may not suffer on account of the delay in the Chief Controller's office in the matter of according approval." 7. Reconstituted firm is not entitled to the quota of the original firm until the transfer of quota rights in their favour ....