9911796707
TMI Blog2010 (11) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... red on the Central Government u/s 5 cannot be delegated to the Director General of Foreign Trade appointed u/s 6 of the Act - Thus the notification has been issued by the Director General of Foreign Trade, it has to be concluded that the notification is issued without jurisdiction - As per the judgment of the Madras High Court, the Notification dated 4-6-2008 issued by the Director General of Foreign Trade is illegal and is to be set aside - Hence, writ petitions will allowed setting aside the notifications. - 6747 of 2009, 5135, 5481, 5822 of 2010 - - - Dated:- 2-11-2010 - Antony Dominic, J. REPRESENTED BY : Shri C.K. Karunakaran, for the Petitioner. Shri John Varghese, SC, CBEC, for the Respondent. [Judgment] . - W.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... powers conferred under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-2009 according to which the Central Government is empowered to make amendment in Schedule-I (Imports) of ITC (HS) Classification of Export and Import Items 2004-2009. The issuance of the above notification is a policy decision of the Central Government in exercise of the powers conferred under the above Act. 3. The averments in paragraph 6 have been reiterated in paragraph 10 of the counter affidavit also. 4. Thus, it is obvious that even according to respondents 1 and 2, Ext. P1 notification has been issued by the Director General of Foreign Trade and the question is whether he had the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch conditions, by the Director General or such other officer subordinate to the Director General, as may be specified in the Order. 6. Reading of these Sections shows that it is only the Central Government which can formulate export and import policy and amend the said policy. It also is evident that the power conferred on the Central Government under Section 5 cannot be delegated to the Director General of Foreign Trade appointed under Section 6 of the Act. If this be the position, and as admittedly the notification has been issued by the Director General of Foreign Trade, it has to be concluded that the notification is issued without jurisdiction. 7. Learned counsel for the petitioners has also made available before me judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
