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1987 (8) TMI 91

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..... . value of licence was Rs. 20,310/- and the shipment was to be done within twelve months from the date of issue. The item to be imported was "Zip Fasteners" and as per the list annexed to the licence the Zip Fasteners could be imported for the face value of the licence. The petitioners got the licence transferred in their favour and placed an import order. The goods arrived in Bombay on January 7, .....

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..... Mr. Talyarkhan, appearing for the petitioners, has produced before me a photo copy of the licence as obtained by the petitioners. The licence clearly shows that there was no limit to the import and Zip Fasteners could be imported for the face value of the licence. The list attached contains the necessary information clearly. However, according to the respondents, there was some mistake in stencili .....

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..... 2 addressed to the Assistant Collector of Customs by the Deputy Chief Controller of Imports and Exports, and the said letter has been annexed to the affidavit-in-reply. In my view, this letter is of no consequence. The question is whether the respondents could have refused clearance of the goods imported by the petitioners as per the licence. The petitioners have not violated any of the terms and .....

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..... , nor is there any prohibition with regard to the import of the said goods. 5. In the result, the petitioners must succeed and, I therefore, pass the following order : Rule is made absolute in terms of prayers (a) and (b). I further direct that the Bond executed in favour of the Collector of Customs stands discharged forthwith and the same be returned to the petitioners within a period of tw .....

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