9911796707
TMI Blog1966 (2) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... d Exports (Control) Act, 1947, the Central Government was authorised by order published in the Official Gazette, to provide for prohibiting, restricting or otherwise controlling, in all cases or in specified classes of cases, and subject to such exceptions, if any as may be made by or under the order, the import, export, carriage of goods of any specified description. By Sub-section (2) of Section 3, it is provided that all goods to which an order under Sub-section (1) applied shall be deemed to be goods of which the import or export has been prohibited or restricted under Section 19 of the Sea Customs Act. In exercise of authority under Section 3 of the Imports and Exports (Control) Act, 1947 the Central Government issued notifications fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es for materials upto the extent of defined percentage of the F. O. B. value of goods exported. The further object of the scheme was to create a market in the foreign countries for Indian goods not only from the standpoint of earning foreign exchange but also from the standpoint of enhancing the prestige of the Indian goods exported to those countries. 3. Para 5.4 of the Scheme states: The value for which an import licence is given will be determined with reference to the F. O. B. value of exports and will be up to the monetary extent mentioned in Annexure V. This provision is, however, subject to the provisions that in addition to any action which may be taken to stop corrupt or fraudulent practices: (i) in cases where the Lic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authorities in the prescribed manner for issuing import licences. The Licensing Authorities issue to the firm import licences for ₹ 3,77,333, but for the balance of ₹ 62,337 import licences were not issued. In spite of repeated requests made by petitioner No. 1 the respondents did not issue import licences for the balance of ₹ 62,337. It is alleged by the petitioners that on January 29, 1965 Sri S. Than of the Ministry of Commerce wrote to them requesting them to consider grant of a loan of ₹ 5,00,000 to T. A. I. D. L. but the petitioners declined to grant any such loan. The case of the petitioners is that the action of the respondents in refusing to grant import licences for the balance of ₹ 62,337 was influen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r other matters which have a bearing on the general interest of the State, import licences for a smaller percentage may be granted to the exporters. It may be assumed that by the use of the expression upto the monetary extent mentioned in Annexure V in Clause 5.4., the authorities are not clothed with an arbitrary power to fix the percentage of the value of the goods exported for awarding an import licence. In the present case, however, the affidavit of the respondents indicates that the power has not been exercised in an arbitrary manner. In para 6 of the counter-affidavit the respondents said that complaints were made by the Ethiopian importer with regard to the quality and condition of machinery supplied by the petitioners. It appears ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the counter-affidavit that the refusal to grant the import licence for the balance of ₹ 62,337 was, in any way, connected with the refusal of the petitioners to advance a loan of ₹ 5,00,000 to T. A. I. D. L. In para 16 of the counter affidavit the respondents say that Sri Than was not directly concerned with the question of import entitlement. It is further stated that the request of Sri Than for the loan was made on January 29, 1965 but previous to that date the petitioners had already been granted import entitlement to the extent of ₹ 3,77,333 and the petitioners had imported scarce commodities like stainless steel against the grant of the import entitlement. We are, therefore, unable to accept the argument of the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
