2009 (4) TMI 922

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..... hich facility of concession in regard to customs duty available in terms of the arrangements between the India and Sri Lanka under a treaty for promotion of free trade by requiring that goods can be landed only at Calcutta. In the eventuality of the goods being imported through other ports, the basic rate of customs and other duties would have to be paid. It is submitted that such restrictions is .....

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..... e Central Government can even amend the trade Policy in public interest, but the amendment has to be in accordance with law. Perusal of the Policy decision of the Central Government further shows that any amendment in the Policy has to be in public interest. Therefore, basically we have to see whether the amendment that has been brought out is in public interest and is for legal object. Perusal of .....

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..... essary to restrict the import to Kolkata Port only. It is to be noted here that it is not the case of the Respondents that the facility of checking the marble which arrives from Sri Lanka is available only at Kolkata Port and not at other Ports. In our opinion, therefore, this reason given is incapable of being accepted, because it has no nexus with restricting the import to only Kolkata Port. .....

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..... on cost thereby discouraging the import of marbles into India to protect the domestic marble industry. However the importers are liable to pay the normal customs duty for the imports through any port other than Kolkata.'` 7. It is common ground that by issuing the notification under the Customs Tariff Act, the Government of India has granted total exemption from payment of customs duty so f .....

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..... as also the provisions of the India-Sri Lanka Treaty and, therefore, it cannot be said that the purpose of issuing the notification is legitimate and, therefore, in our opinion, it cannot be said that the notification impugned in the present petition has been issued in public interest, because what is opposed to law cannot be said to be in public interest. 8. For all the aforesaid reasons, in .....

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