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2018 (10) TMI 337 - HC - CustomsJurisdiction - Power of DGFT to amend the Foreign Trade policy - import of Newsprint - Validity of N/N. 09/2015-20 dated June 3, 2016 issued by Director General of Foreign Trade - The impugned notification requires small business persons to comply with such requisitions which are onerous. Held that:- Section 5 of the Act of 1992 allows the Central Government to formulate the foreign trade policy and to amend it. Section 3 of the Act of 1992 allows the Central Government to make provisions for prohibiting, restricting or otherwise regulating import or export of goods or services or technology. In the present case, by the impugned notification, a foreign trade policy has been sought to be amended - The Central Government could have done so in exercise of powers under Section 5 of the Act of 1992. It has however chosen to involve the provisions of Section 3 of the Act of 1992, as appearing in the impugned notification. In the present case, by the impugned notification, the Director General of Foreign Trade has sought to amend the existing policy. On the strength of Atul Commodities Private Limited [2009 (2) TMI 18 - SUPREME COURT], it can be said that, Director General of Foreign Trade has no jurisdiction to amend the Export and Import Policy. The impugned notification herein, has not been suggested to be clarificatory in nature. The impugned notification no. 09/2015-20 dated June 3, 2016 issued by the Director General of Foreign Trade is quashed.
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