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TMI Blog1989 (11) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Government or the Legislature cannot be compelled to refrain from making any changes, during the financial year, in the matter of Import or Export, because it could be trespassing on the legislature and the administrative field, if Court were to hold that a rate of duty or tax was immutable for any particular period. In the said case the Delhi High Court inter alia held as follows : "22. Another argument against the alleged unreasonableness of the Amended Act sought to be urged was by saying that by the retrospectivity many of the settled contracts of the parties have been unsettled, in as much they had been led to believe that the rate of duty was the lower one under 73.15(1) and because of the amendment, excessive burden is being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was immutable for any particular period. As a practical measure there would always be some parties whose contracts are outstanding. If the spacious argument was carried to its logical end then no change could be made in the rates because some one or the other may always be affected. And if this argument was countenanced then the Government or legislature could be held to ransom by parties entering into long term contracts at the existing rates of duty and then insisting that no change be made in those rates till all the contracts are executed, which may take years for completion. To take an illustration if A enters into a contract with B to import goods for the next five years of item falling under 73.15(2), at present the duty payable is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) the Government may well take the view that since scare foreign exchange is being permitted to be utilised, the imports should at least earn good State Revenue and if for that purpose also it had increased the duty, its action could not be said to be unreasonable. "Policies of imports or exports are fashioned not only with reference to internal or international trade but also on monetary policy, the development of agriculture and industries and even on the political policies of the country but rival theories and views may be held on such policies. If the Government decides an economic policy that import or export should be by a selected channel or through selected agencies the court would proceed on the assumption that the decision is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of the principle of equitable estoppel. In the case of Revenue no such principle can be applied on such basis. There is no question of any representation by the Revenue and there cannot be any question of any one acting on the basis of such representation to its detriment. There is no merit in this petition. Accordingly, the appeal is allowed." 3. In my opinion, the ratio of the said Division Bench judgment applies to the instant case where it has been argued that a Government cannot enforce the increase in the duty which has taken place after the date of the agreement for import and before actual importation of the goods. I also respectfully agree with the observations made by the Delhi High Court. 4. It has been submitted on beha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sthan Commercial Bank Limited and the other Bank Guarantee bearing No. 23/84 dated 13th January, 1984 for a sum of Rs. 4,36,865.77 furnished through the same bank Hindusthan Commercial Bank Limited, Manicktala Branch, Calcutta, which has since been amalgamated with the Punjab National Bank. 7. Since I have held that there are no merits in this application, the writ petitioners, who obtained the interim orders and obtained the delivery of the goods pursuant to the interim orders passed in this writ petition were and are liable to pay the entire amount of balance duty to the Customs Department after taking into account the admitted duties which were paid. The writ petitioners are also liable to compensate the losses and damages that have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loans. 8. The writ petitioners, therefore, in my opinion are also liable to pay reasonable interest upon the total amount of the Bank Guarantees, at the rate of 12% per annum on and from the date of the said interim order until the date of this order. The writ petitioners are, therefore, directed to pay the amounts of the said Bank Guarantees along with interest at the rate of 12% per annum calculated on and from the date of the interim order until the date of this order to the Collector of Customs within a period of 8 weeks from today. In default of such payment, the Collector of Customs will be entitled to execute this order and realise the amount from the writ petitioners. 9. It has been pointed out to me that the Bank has not yet p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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