9911796707
TMI Blog1991 (1) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned judgment quashed the decision contained in the letter dated June 15,1983 and reiterated in the letter dated July 25,1983 and further directed the appellants to issue to the petitioners a blanket permit under I.T.C. Scheme for the year 1978-79 in terms of Paragraph 179 read with Appendix 28 of the Policy A.M. 1978-79. The learned Judge passed the judgment as the dispute involved in the petition was concluded by the judgment delivered by Mr. Justice Daud on February 18,1987 and reported in 1987 (12) E.L.T. 273 (M/s. Premchand Semchand Shah v. Union of India Ors.). 2. To appreciate the claim made by the respondents before the learned Single Judge, it is necessary to set out the relevant facts. On April 1,1978 the Government of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,1982 and the decision of the Chief Controller was set aside and the Controller was directed to issue export house certificate within a period of one month. In accordance with the judgment, the licensing authority issued the export house certificate on December 27,1982. 3. On receipt of the export house certificate the respondents made application on January 6,1983 to the Assistant Controller, Reserve Bank of India for issuance of the blanket permit for promotional activities abroad. The blanket permit was sought in accordance with provisions of Paragraph 179 of the Import-Export Policy of the year 1977- 78. The application for grant of blanket permit was rejected by letter dated June 15,1983 on the ground that the blanket permit under I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he refusal by the appellants to grant blanket permit of foreign exchange on the ground that the application was made long after the time when the entitlement arose cannot be sustained because the application for blanket permit could not have been made without sanction of the export house certificate and the same was denied by the Chief Controller of Imports and Ex ports without any rationale. Shri Andhyarujina submits that the decision taken by the appellants that blanket permit under I.T.C. Scheme for the year 1978-79 cannot be sanctioned does not suffer from any infirmity. We are unable to accede to the submission of the learned counsel. The blanket permit under I.T.C. Scheme is granted on the basis of FOB value of export as certified by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken advantage of by the appellants for denying the advantage of blanket permit to foreign exchange. Shri Andhyarujina submitted that the appellants have no concern in regard to grant of export house certificate and if the Chief Controller had committed an error in refusing export house certificate, that fact cannot be taken into consideration while examining the action of the appellants. There is no merit in this submission. The Chief Controller of Imports and Exports and the Joint Controller of Reserve Bank of India are authorities under the control of the Government of India, who had declared the import-export policy and under which policy the advantage to the exporter accrues. It is futile for one of the authorities to claim that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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