2016 (2) TMI 1350

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....-<br>Customs<br>FMA 187 of 2016, CAN 1325 of 2015, FMA 195 of 2016, CAN 12351 of 2014, FMA 221 of 2016, CAN 12339 of 2014, MAT 2169 of 2014, CAN 12352 of 2014, MAT 2170 of 2014, CAN 12349 of 2014, MAT 2171 of 2014, CAN 12379 of 2014, MAT 2174 of 2014, CAN 12347 of 2014, MAT 2237 of 2014, CAN 12537 of 2014, MAT 142 of 2015, CAN 1324 of 2015, MAT 144 of 2015 and CAN 1326 of 2015. Girish Chandra Gupta And Indrajit Chatterjee, JJ. Mr. Somenath Bose, Mr. Anirban Mitra, Ms. Sonia Sharma Mr. Lal Mohan Hazra, Mr. Somesh Panja and Mrs. Moutusi Hazra for the Appellants. Mr. Pranab Kumar Dutta, Mr. Shovendu Banerjee, Mr. Mr. N.K. Choudhury, Mr. Arijit Chakraborty, Mr. Nilotpal Choudhury, Mr. Debaditya Banerjee Mr. R. Bharadwaj and Mr. K.K. Ma....

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.... Therefore, the DGFT even as a delegatee is not empowered to put a condition by revising the rate as a condition to import." 3. The subject-matter of challenge in the writ petition was the notification dated 13th May, 2013, a copy whereof is at page 104 of the paper book appearing to have been issued by the Central Government in exercise of power under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992. 4. The learned Trial Court held that the impugned notification cannot be sustained as the prohibition can also be made by way of an Order published in the Official Gazette. In order to show that the impugned notification amounted to imposing prohibition the learned Trial Court took assistance of the definition of the....

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....laced by the learned Trial Court upon paragraph 2.6 of the Foreign Trade Policy, quoted above, is altogether misplaced for the simple reason that the impugned policy, at page 104 of the Paper Book, is deemed to have been issued by the Central Government which is the policy making body whereas DGFT, in para 2.6 of the Foreign Trade Policy, is a mere implementing authority. Any restrain on the power of implementing authority cannot be treated also as a restrain or limitation on the power of Central Government. Therefore, both the grounds assigned by the learned Trial Court are without any merit and therefore cannot be sustained. 6. Our attention has, however, been drawn by Mr. Dutta, learned Senior Advocate, appearing for the respodents/wr....