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TMI Blog2014 (8) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... d IE Policy. The Committee affirmed the order of the adjudicating authority which had determined the penalty payable by the writ petitioner to be Rs. 19 lakhs. 3. The petitioner was issued 45 REP licenses which inter alia on their face mentioned "seeds" as articles capable of importation. Relying upon paras 70(2) and 76 read with Appendix 17 and para 75(1) of the IE Policy, the petitioner imported consignments - rapeseeds, which was a canalised item. It is not in dispute that all conditions save and except those spelt-out in para 197(2) of the IE Policy, i.e. obtaining prior permission of the Chief Commissioner of Imports and Exports (hereafter "CCI&E") had been complied with. 4. At the time of importation, the Collector of Customs was of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equence by way of debarment from importation of articles and goods was also imposed for 11 months. Further appeals to the higher authorities were of no avail. Eventually, on 21.03.1997, the Appellate Committee of the Ministry of Commerce too rejected the petitioner's appeal. Learned counsel for the petitioner relied upon Appendix 17 and urged that the specific heading "seeds" contained in it, upon a juxtaposition with Appendix 5 Part B (5), amply clarifies that both the said provisions contain specific reference to "seeds" which eliminates the requirement of having to obtain prior approval from the CCI&E. On the other hand, learned counsel for the respondents urges that this Court should not interfere with the impugned order which is well-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above view of the matter, since as on date, the order of the CEGAT has not been upset, we are of the opinion that the impugned order taking a view different from that adopted by the CEGAT cannot be sustained. Further, we are also of the opinion that since the decision of the CEGAT is under challenge, the appropriate course would be to grant liberty to the respondent authorities to take appropriate action, if necessary, having regard to any final orders made in the reference proceedings, by the CEGAT or the High Court, as the case may be, that may be adverse to the petitioner. 8. Before making any final order adverse to the petitioner, the respondents shall grant it opportunity of hearing. The copy of the order of the Kerala High Court d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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