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TMI Blog1991 (7) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... unt" was included in the sale price of the indigenous metal. This amount was realised as a part of the sale price of the indigenous metal and was required to be deposited in the Aluminium Regulation Account for payment to the Corporation with a view to compensate it for the loss suffered by it in selling the metal at a price below costs. We are fully satisfied that the above action taken by the Central Government was done in the larger interest of the economy of the country and in public interest. Appeal dismissed. - 1657/81 - - - Dated:- 25-7-1991 - N.M. Kasliwal and K. Ramaswamy, JJ. [Judgment per : N.M. Kasliwal (J)]. - In all these cases the petitioners have challenged the legality, validity and the constitutionality of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t policy considerations rendered it necessary to make consummation of that policy effective by imposing a concessional levy on the imports. No such concession is called for in the case of the private importers who, in any event, are merely working out contracts entered into by them with foreign sellers before 2 December, 1978." It is contended that there is no valid reason for granting favourable treatment to MMTC. 2. We see no force in the above contention. The MMTC as well as the Union of India have filed counter affidavit in W.P. (C) No. 8390 of 1982 in which it has been stated that the MMTC on 24-5-1979 brought to the notice of the Government that in view of the international market price of aluminium being very high, the C.I.F. price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... higher than or equal to the price of the indigenous metal inclusive of excise duty. The object behind granting such concession was to ensure that the price of aluminium was not revised upwards to compensate the Corporation for the loss suffered by it in importing aluminium at very high cost and selling it at much lower than the cost price as fixed under the Aluminium Control Order, 1970. It has been further submitted in the counter that on account of the increase in the international price of aluminium a stage was reached when it was no longer possible to equate the price of indigenous and imported metal by this mechanism. To make the metal available at a uniform sale price to the consumer irrespective of the source of supply and to compens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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