TMI Blog2013 (6) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... of the India Sri Lanka Treaty and, therefore, it cannot be said that the purpose of issuing the notification is legitimate and therefore, in our opinion, it cannot be said that the notification impugned in the present petition has been issued in public interest, because what is opposed to law cannot be said to be in public interest. If at all aggrieved from inclusion of marble/marble products in ISFTA is to have the same excluded therefrom, rather than to make it unworkable in the manner done. - set aside/quash the condition aforesaid restricting the import through the Port at Calcutta only. - Decided in favor of assessee. - W.P. (C) No. 3576 of 2012 - - - Dated:- 30-7-2012 - A.K. Sikri and Rajiv Sahai Endlaw, J. Shri Prashant K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of the petitioners that under ISFTA, India and Sri Lanka have inter alia agreed to establish a Free Trade Area for the purpose of free movements of goods between both countries through elimination of tariffs; thus, polished marble slabs imported by the petitioners from Sri Lanka are exempt from payment of duty; however the respondents have in contravention of ISFTA permitted such free import from Sri Lanka only through the port at Calcutta; that import through Calcutta puts uncalled for transportation burden on the petitioners; that such restriction is violative of the rights of the petitioners to carry on business. 4. The respondents in their counter affidavit have stated that the government has imposed a restrictive import pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply filed on behalf of the respondents shows that they have given two reasons for issuing notification and restricting the import of marble from Sri Lanka only at the Kolkata Port, (i) the traders are misusing the facility and were importing marble from Sri Lanka, which is not of Srilankan origin and (ii) to neutralize the benefit of concession granted under the Customs Tariff Act to protect the domestic marble industry. So far as the first reason is concerned, in our opinion for this reason restricting import to only Kolkata Port will serve no purpose. If marble which is not of Srilankan origin cannot be imported under the Treaty free of payment of duty, then that can be prevented by the respondents, at whatever Port the marble is imported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty and, therefore, it cannot be said that the purpose of issuing the notification is legitimate and therefore, in our opinion, it cannot be said that the notification impugned in the present petition has been issued in public interest, because what is opposed to law cannot be said to be in public interest . 6. We have enquired from the counsel for the respondents as to how the position is any different today. He has not been able to give any reply. 7. We are of the opinion that the remedy of the respondents, if at all aggrieved from inclusion of marble/marble products in ISFTA is to have the same excluded therefrom, rather than to make it unworkable in the manner done. We are thus in agreement with the earlier judgments aforesaid and al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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