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TMI Blog1994 (11) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : Jyoti Balasundaram, Member (J)]. - The above appeals arise out of different adjudication orders passed by the Additional Collector of Customs, Calcutta confiscating pre-mutilated synthetic rags imported by the appellants with option to redeem the same on payment of redemption fine and imposing penalties on the appellants on the ground of contravention of ITC Public Notice No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a High Court in the case of Kalindi Woollen Mills Pvt. Ltd. v. Union of India - Appeal No. 384/90 and Matter No. 3145/89 [Since reported in 1994 (74) E.L.T. 827 (Cal.)] holding that the Public Notice and ITC order are without jurisdiction, being ultra vires the provisions of the Import and Export (Control) Act, 1947 and that there could be no valid basis or jurisdiction to restrict import of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the ITC Public Notice and ITC order have been the subject matter of interpretation of the other High Courts also. In the case of P.S. Tandon v. Union of India and Another - 1991 (33) ECR 419, the Hon'ble Madras High Court has held that the order restricting import of woollen rags only through Bombay and Delhi ports is discriminatory and not sustainable. The petitioner before the Madras High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court was considering the issue of OGL imports only through Bombay and Delhi as incorporated in Item 29 of the Appendix 6 of the 1990-93 Import Policy and the Court held that such restriction is arbitrary and unreasonable and allowed the writ petition. 4. The judgment of the Hon'ble Calcutta High Court in the case of Kalindi Woollen Mills has also been followed by us in several cases includi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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