9911796707
TMI Blog2008 (9) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... goods should be in accordance with law in force on the date of the arrival. - admittedly the goods arrived on September 1983 and as per the law in force on that date import of those goods was banned - seizure and confiscation is justified - 2 of 1995 - - - Dated:- 29-9-2008 - D.K. Deshmukh and J.P. Devadhar, JJ. S/Shri P.A. Savant with Mohan Salian i/b Gagrats Co., for the Applicant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be given retrospective effect? 5. Whether the date 1st April 1983 mentioned in para 255(1) in AM 84 Policy could be read as such when the Policy itself was announced on the 15th April 1983? 6. Whether the present case where there were first commitments before the change in the provisions of the Policy, could the import be said to be invalid under Section 111(d) of the Customs Act? 7. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment effected change in its import policy, as a result of which the import of Generators which the Applicant was to import was banned. When the goods arrived at Bombay, they were seized and confiscated, and penalty and 100% redemption fine was imposed on the Applicant. 3. The order of the Adjudicating Authority was confirmed by the Appellate Authority. The Appeal before the Tribunal also fail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the question of law No. 1 has to be answered in affirmative. 5. Condition No. 1, which according to us is material, of this licence, reads as under :- "This licence is granted under the Government of India, Ministry of Commerce and Industry Order No. 17/55 dated the 7th December 1955 as subsequently amended issued under the Imports and Exports (Control) Act 1947 (XVIII of 1947) and is wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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