TMI Blog2011 (1) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... 12(a) of the Act - The Hon ble High Court held that it was not open to the DGFT to alter the import policy provision by way of circulars instead of Notifications required to be issued under Sec.5 of the Foreign Trade (D & R) Act, 1992 - According to the import policy, such sheets were freely importable during the period of dispute and hence prima facie, not liable to be confiscated - The appeal st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eel Sheets imported by the appellant in April 2009. Hot rolled steel sheets classifiable under Customs Tariff Heading 7208 were freely importable as per ITC (HS) Classificationsof Export and Import items for the relevant period. Therefore, the appellant did not produce any import licence. The department took the stand that the above item was restricted and hence not freely importable by virtue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specific import licence and imposing penalty on the importer. 3. The ld.counsel for the appellant has produced a copy of Hon ble Mumbai High Court s judgment dated 1.10.09 which was passed in Writ Petition No.16753 of 2009 (M/s. Sri Ganesh Ventures vs UOI Ors), which struck down the above policy circular of the DGFT as beyond the scope of delegated legislation. The Hon ble High Court held th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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