1979 (10) TMI 215

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....ters are assured of cash assistance and replenishment import licences for registered exporters. The petitioners who are the registered exporters, in pursuance of this policy entered into contracts with M/s. Rexmore Ltd., Liverpool, England to supply P.V.C. leather cloth in large quantity. The petitioners exported the P.V.C. leather cloth to the tune of Rs. 38,66,486.65 during the period from July, 1971 to December, 1971. The Government of India issued a Notification dated August 6, 1966 in exercise of the powers conferred by Section 6 of the export (Quality Control and Inspection) Act, 1963 (hereinafter referred to as the "Act") notifying that the P.V.C. Leather cloth shall be subject to inspection prior to its export. The Notification defi....

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.... the goods were exported as mentioned hereinabove between April, 1971 to March, 1972 after the Customs authorities accepted the certificate. 3. The Petitioners, as per the Import Policy for registered exporters, made two applications dated November 17, 1971 and March 30, 1972 for cash assistance and import replenishments. The applications were filed before the Joint Chief Controller of Imports and Exports. The applications were turned down on the ground that the goods exported were non-fabric cotton textile items and, therefore, was not P.V.C. Leather cloth. The petitioners carried appeal before the Controller of Imports and Exports (Appeals) and that appeal was also dismissed by an order dated December 27, 1972. The appellate order....

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....and after satisfying the appropriate authorities that the exported product was P.V.C. Leather cloth. Mr. Dhanuka is right in his submission that the Notification dated 6, 1966 clearly defines which product can be described as P.V.C. Leather cloth. The product exported by the petitioners and described in the shipping bills is "Cotton cloth to which polyvinyl chloride composition has been applied" and that squarely falls within the expression defined under the Notification. Mr. Dhanuka submits that not only the notification supports him but the two certificates given by the Export Inspection Agency and by the Textile Committee prior to the date of the export establishes his case beyond any doubt. In my judgment, the submission of the learned ....

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....en under the Notification dated August 6, 1966 and deprive the petitioners of their right of replenishment provided by the Import Policy. Mr. Dalal wanted to read the minutes of the Committee but I have declined to go into it. 6. Mr. Dhanuka is right in his submission that when the petitioners filed an appeal which was a statutory right, the appellate authority instead of applying its mind to the issue raised, delegated its power to a Committee and then blindly relied upon its conclusion with an endorsement that it has got the sanction of his Chief. In my judgment, it was not permissible for the appellate authority to delegate this power and the conclusion which the Classification Committee arrived at behind the back of the petition....