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2012 (1) TMI 204 - HC - CustomsImport of popcorn-maize - actual user condition - N/N. 38/2002-2007 dated 04.10.2002 - Held that: - the petitioners have no vested or accrued right for the issuance of permits on the MEE or NQE, nor is the Government bound by its previous policy. It would be open to the Government to evolve the new schemes and the petitioners would get their legitimate expectations accomplished in accordance with either of the two schemes subject to their satisfying the conditions required in the scheme. The High Court, therefore, was right in its conclusion that the Government is not barred by the promises or legitimate expectation from evolving new policy in the impugned notification.” The policy of the Government of India stipulating the customs duty at Nil rate and withdrawing the condition of actual user cannot be said to be arbitrary, particularly, in view of the factual position evident from the table, extracted above, that the imports being way below the quota prescribed has no affect on domestic growers or the market and no harm to domestic growers or consumers is caused by notifying duty free import of maize (corn) and withdrawing the restriction of actual user. Petition disposed off - decided partly in favor of petitioner.
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