9911796707
TMI Blog2006 (2) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 1-6-90 for clearance of the goods under OGL in terms of the Import Policy 1990-93. In terms of Notification dated 18-7-1986 issued by the Central Government under Section 29B(2) of the Industries (Development and Regulation) Act, 1951, the respondents had to have a licence issued by the Central Government for the purpose of carrying on their business. It appears from the records that they applied to the Central Government for grant of such licence, otherwise called COB (carry-on-business) licence, in respect of confectioning/slitting of photographic colour paper and that such licence was issued to them in December, 1988. At the time of filing of the above Bill of Entry, any COB licence for the activity of confectioning/slitting of g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent from the record. Ld. Counsel has proceeded to point out other infirmities of the order dated 22-6-90. The argument is that the Collector, being a statutory authority, had inherent power to rectify his own mistakes. In this context, support is claimed from the Supreme Court s judgment in ITO v. M.K. Mohammed Kunhi, (71 ITR 815). Ld. Counsel has focussed on the following observations contained in the Apex Court s judgment. It is a firmly established rule that an express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effect (Sutherland's Statutory Construction, third edition, articles 5401 and 5402). The powers which have been conferred by Section 254 on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... placed before him was a letter of Shri K.C. Kapoor, Desk Officer in the Ministry of Industries, Government of India and it was urged that the letter be treated as interim COB licence. That very letter, later on, came to be examined by the High Court and the Court refused to accept it as an interim COB licence vide Paras 13 and 14 of the High Court s judgment. We have also perused the regular COB licence [ additional licence ] produced by the party before the Collector. That was a licence issued in respect of photographic colour paper and not in respect of graphic art film. Ld. Collector chose to allow clearance of graphic art film on the basis of COB licence pertaining to a different commodity. 4. The Collector had no power of review. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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