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2013 (6) TMI 64 - HC - CustomsImport of marble slabs - ISFTA - trade between India and Sri Lanka - restrictive import policy for marble on account of concerns for the domestic producers/processors of marble - held that:- In view GOPAL LAL SARDA Versus UNION OF INDIA [2008 (10) TMI 373 - BOMBAY HIGH COURT] it was held that, The Government could have, if it was so advised, withdrawn the concession given in the Customs Tariff Act or it could have gone in for amendment of the Treaty between India and Sri Lanka. In our opinion, the object which is specified in the affidavit defeats both the notification issued under the Customs Tariff Act, as also the provisions of the India Sri Lanka Treaty and, therefore, it cannot be said that the purpose of issuing the notification is legitimate and therefore, in our opinion, it cannot be said that the notification impugned in the present petition has been issued in public interest, because what is opposed to law cannot be said to be in public interest. If at all aggrieved from inclusion of marble/marble products in ISFTA is to have the same excluded therefrom, rather than to make it unworkable in the manner done. - set aside/quash the condition aforesaid restricting the import through the Port at Calcutta only. - Decided in favor of assessee.
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