TMI Blog1988 (3) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... ., for Respondent No. 5. [Oral Judgment per : R.A. Jahagirdar, J.]. - This petition challenges the order dated 16th of December, 1980 passed by the Additional Chief Controller of Import and Exports, having his office at New Delhi, in an appeal preferred by the petitioners against the orders passed on 10th of January, 1980 and 7th February, 1980. These two latter orders have been passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle the petitioners were not entitled to import because they are not manufacturing anything in the making of which this article is used. On the other hand, it is the case of the petitioners that looking to the industrial licence, which has been obtained by them, even after its amendments from time to time, they are entitled to manufacture parts of the internal combustion engine. A crankshaft is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners would not have committed any offence or contravention of any rule or regulation. The basic question is whether the petitioners were, in fact, entitled to manufacture the crankshaft or whether they were entitled to manufacture parts of the internal combustion engine. This is disputed by the department on the basis of a report of the Director of Industries. A copy of the report of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time of passing an order shall rely upon a document, a copy of which has not been given to the person against whom the order is to be passed. In view of this I am constrained to set aside the orders passed in the instant case. After these orders are set aside, the authorities are free to issue a fresh notice and along with the fresh notice, they will give copies of all the documents on which they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and if he passes such an order within six months and if the order-in-appeal is not passed within six months thereafter, then, on the happening of one or the other event, the parties are free to apply to this Court for the payment of the amount which has been deposited pursuant to the order passed by Lentin, J. 6. There will be no order as to costs in this petition. - - TaxTMI - TMITax - Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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