9911796707
TMI Blog1988 (8) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. On the basis of the said ceiling a quota for exporting this item was allocated to the established exporters and other categories by the Chief Controller of Imports and Exports/Joint Chief Controller of Imports and Exports, New Delhi, Bombay, Calcutta and Madras. The allocation was made on the basis of 'Export Instructions'. Relevant Export Instruction No. 2/86-87, dated 6th May, 1986 (Annexure 'C') provided that export will be allowed to the established exporters on pro-rata basis to the extent of their entitlement on the basis of 'best year's exports'. 2. The grievance of the petitioner is that his 'best year's export' was in 1985-86 when he exported 1,60,180 pieces of peacock tail feathers and consequently for the year 1986-87 he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntity of 35,49,400 pieces. The petitioner had been allocated quota on this basis throughout and for the year 1986-87 also the quota had been allocated to him on that basis. 4. Learned counsel for the petitioner contended that the term 'best year's exports' can in no way be interpreted as exports made in the three years preceding the year ending September, 1967 and the interpretation adopted by the respondents was palpably wrong. Our attention was drawn to the Export Instruction No. 41/85, dated 1st June, 1985 (Annexure A) relevant portion of which reads : "As regards category No. 4, export will be allowed to established exporters on pro-rata basis taking into account the best year's export of the last three licensing years". On the basis o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 18th September, 1985 (Annexure R-3) from the (Established Shippers) Association of Peacock Tail Feathers to Chief Controller of Imports and Exports, New Delhi. The petitioner is admittedly a member of this Association. In this letter the Association stated "There are 27 members of this Association who are getting quota of peacock tail feathers and articles made therefrom regularly since 1968-69 on pro-rata basis of their best year's exports selected by them out of the prescribed basic period fixed by the Government. The prescribed basic period fixed by the Government was three years ending 30th September, 1967 as upto the year 1967 the licensing year for peacock feathers was from 1st October to 30th September of the subsequent year. Our m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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