1995 (6) TMI 28

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the two licences was Rs.30,48,606/- and Rs. 25,95,187/-. Against the advance licence dated January 27, 1981 the supporting manufacturer was shown as M/s. Silver Cotton Mills Company Limited, Ahmedabad, but subsequently the name of the manufacturer was deleted and the name of M/s. Super Spinners was substituted. In respect of the other advance licence dated June 3, 1981 M/s. Super Spinners were mentioned as supporting manufacturers. 2.The first import consignment arrived at Bombay Port on December 16, 1981 and the last consignment on September 22, 1982. The Customs authorities, on investigation found that M/s. Super Spinners were non-existent unit and Super Spinners was the unit of the petitioner and was closed down in year 1978-1979. The....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... cancelled abinitio, but the Order of cancellation in respect of the balance value of the two licences could be sustained. The Appellate Authority then observed that Additional Chief Controller's Order may be amplified inasmuch that the regularisation of the licences in question to the extent of the value of the goods already imported and cleared by the petitioner would be subject to fulfilment of export obligation. In respect of this latter direction the petitioner has preferred the present Writ Petition under Article 226 of the Constitution. 3.Mr. Bharucha, learned counsel appearing on behalf of the petitioner submitted that in view of the direction to regularise the import under the two licences to the extent of the value of the goods....