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2011 (3) TMI 344 - HC - CustomsValidity of the policy circular dated 22-12-2010 - In all the Foreign Trade Policy (“FTP” for short) announced by the Central Government from time-to-time, cotton yarn was freely exportable - By a notification dated 9-4-2010 issued under Section 5 of the FTP 2009-2014, the Central Government for the first time imposed restriction on export of cotton yarn by directing that the contracts for export of cotton yarn shall be registered with the Textile Commissioner prior to shipment and clearance for export of cotton yarn consignments shall be given by customs authorities after verifying that the contracts have been registered - with effect from 1-4-2010 the office of the Textile Commissioner abruptly and without any prior intimation stopped registration of cotton yarn exports, as a result whereof, the petitioners who had firm contracts could not export cotton yarn which were manufactured and kept ready for export whether the Central Government was justified in accepting the recommendation of the CYAB and take a policy decision to ban export of cotton yarn beyond 720 million kgs. during 2010-2011 (upto 31-3-2011) - It is relevant to note that the notification dated 22-10-2010 issued under Section 5 of the 1992 Act permitting export of cotton yarn under licence has been made effective from 1-10-2010 - in the facts of the present case restriction imposed on permitting export under licence by a notification issued under Section 5 of the 1992 Act on 22-10-2010 cannot be faulted - Notification No. 14 dated 22-12-2010 issued under Section 5 of the 1992 Act is valid and the petitioners to whom EARC’s have not been granted are entitled to seek licence for export of cotton yarn in respect of their contract with the foreign customers - Application is rejected
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