Home Case Index All Cases Customs Customs + HC Customs - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 338 - HC - CustomsDuty Free Entitlement Scheme - re-validation of the licence as well as bond waiver - duty free import of the goods as per the given norms applicable on the date of issue of licence - Application was rejected - Validity of Single Judge order of HC allowed the appeal of respondent - HELD THAT:- This court is of the opinion that when there is specific instruction by way of executive order, to satisfy the requirement pertaining to reduction of quantity of vitamin mixes, the same cannot be slightly brushed by the learned Judge by observing that there is no requirement to furnish individual consumption details of vitamin mixes, as per the import export policy for 1992-97. The appellant authorities have been all along instructing the first respondent to furnish the consumption details relating to reduction of quantity of vitamin mixes, on the basis of the circular dated 21.01.1999. Since the first respondent failed to comply with the said requirement, their request for revalidation was rejected by the appellant authorities - in view of the settled law that when the authorities are having sufficient reasons to have such a policy decision to impose certain conditions in the circular, power of judicial review would not extend to determine the correctness of such a decision. It has been repeatedly held that courts will not ordinarily interfere with such decisions, when the same are taken in the public interest. Thus, in the absence of consumption details relating to vitamin mixes, as required in the circular issued by the appellant authorities, the request of the first respondent seeking revalidation could not be acceded to; and that, there is no provision in the current foreign trade policy to allow a revalidation of licence pertaining to the period of 1996 and 1997, this court cannot compel the appellant authorities to revalidate the licences of the first respondent - appeal allowed.
|