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Issues Involved:
1. Validity of show cause notices issued by the Assistant Collector of Customs. 2. Compliance with conditions specified in the notification under Section 25(1) of the Customs Act, 1962. 3. Jurisdiction of the Customs authorities to issue show cause notices. 4. Allegation of export of excess quantity of goods. 5. Interpretation of the notification and its conditions. 6. Applicability of the Exchange Control Manual. Detailed Analysis: 1. Validity of Show Cause Notices: The petitioner challenged several show cause notices dated 26th March, 1970, issued by the Assistant Collector of Customs. The primary issue was whether the conditions required under the notification dated 11th June, 1966, were fulfilled, entitling the petitioner to exemption from customs duty. The court examined whether the Customs authorities had the jurisdiction to issue these notices despite the existence of bonds. 2. Compliance with Conditions Specified in the Notification: The notification under Section 25(1) of the Customs Act, 1962, exempted certain goods from customs duty, provided specific conditions were met. The conditions included entering into valid contracts before 5th June, 1966, registering these contracts, entering into forward contracts with authorized banks for foreign exchange, and exporting the goods by 30th September, 1966. The court found that the petitioner had complied with Clauses (A) and (B) but disputed whether the forward contract with the bank was entered into after the contract for sale of goods. 3. Jurisdiction of Customs Authorities: The petitioner argued that the existence of bonds precluded the Customs authorities from issuing show cause notices and that the authorities should enforce their rights through a suit. The court rejected this contention, holding that the bonds did not derogate the jurisdiction of the Customs authorities under the Customs Act. The bond provided an additional right for the authorities to institute a suit but did not prevent them from proceeding under the Act. 4. Allegation of Export of Excess Quantity: The petitioner disputed the factual allegation of exporting excess quantity of goods. The court noted that this factual dispute could not be adjudicated in the writ petition and did not accept the petitioner's contention at this stage. 5. Interpretation of the Notification and Its Conditions: The court examined whether the notification required the forward contract with the authorized dealer to be subsequent to the contract for the sale of goods. The court held that the notification did not stipulate that the forward contract must be subsequent to the sale contract. The court found that the forward contract was entered into before 5th June, 1966, and whether it was before or after the sale contract was immaterial. Thus, the show cause notices were issued without jurisdiction based on an incorrect interpretation of the notification. 6. Applicability of the Exchange Control Manual: The department relied on the Exchange Control Manual, which stipulates that forward purchase contracts of foreign exchange may be entered into by authorized dealers with exporters against firm orders. The court held that the conditions of the notification did not refer to the requirements of the Exchange Control Manual. Even if the Manual's conditions were relevant, the court found that the authorized dealer was satisfied with the documentary evidence provided by the petitioner, and any non-compliance by the dealer did not invalidate the contract. Conclusion: The court dismissed the appeal, holding that the Customs authorities issued the show cause notices without jurisdiction based on a misinterpretation of the notification. The court rejected the contention that the notification required the forward contract to be subsequent to the sale contract and found that the conditions of the notification were fulfilled. The court also held that the factual dispute regarding the excess quantity of goods could not be adjudicated in the writ petition. The appeal was dismissed with costs.
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