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2015 (12) TMI 742 - SUPREME COURT

2015 (12) TMI 742 - SUPREME COURT - 2015 (326) E.L.T. 235 (SC) - Denial of benefit of advance license -import of Natural rubber which is a major raw material - activity of manufacturing and exporting heat resistant latex rubber threads - Vide circular dated 10.10.2003, the embargo imposed on the import of natural rubber was lifted and it was stated that fresh advance licenses are issued as per normal EXIM policy. The old licenses can be revalidated up to 31.12.2003 - HC quashed the circular

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-11-2015 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN, JJ For the Petitioner : Mr. Yashank Adhyaru, Sr. Adv., Mr. S. Wasim A. Qadri, Adv., Ms. Rashmi Malhotra, Adv., Mr. D. S. Mahra, Adv., Mr. Zaid Ali, Adv. And Mr. B. Krishna Prasad, Adv. For the Respondent : Mr. Vivek Kohli, Adv., Mr. Ashwani Sharma, Adv. And Mr. Ankur Prakash, Adv. ORDER The respondent is engaged in the activity of manufacturing and exporting heat resistant latex rubber threads and has wide ranging exports to several countr .....

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a circular was issued whereby the import of natural rubber under such advance license was no longer permitted and it had to be sourced through State Trading Corporation ('STC'). The respondent approached the STC for supply of rubber against the advance licenses but on 01.05.2001 STC declined its request. On 16.07.2003, the respondent approached the appellants and pointed out that it had completed its export obligations before procuring duty free raw materials. Vide circular dated 10.10.2 .....

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e outer limit was extended till 31.03.2004. Thereafter, the respondent filed a writ petition in the High Court on the ground that even though it had fulfilled the export obligations, it was denied the benefit of advance licenses. Thus, it sought quashing of circulars dated 10.10.2003 and 11.12.2003 to the extent they prescribed for a shorter period of time. The single Judge Bench of the High Court held that fixing of time period is essentially executive in nature and not within the writ jurisdic .....

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tory in nature. This aspect of classification is without any rational nexus between the differentia and the object which was sought to be achieved and the differentia is discussed by the High Court from paragraphs 30 to 33. Since we agree with the reasons given therein, the said paragraphs are reproduced below for the sake of brevity: 30. The second aspect of classification is the existence of a rational nexus between the differentia and the object sought to be achieved. Even if it were assumed .....

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f old licenses, and retaining the period mentioned in the Handbook for fresh licenses. 31. The impugned policy also, in our considered view, is also arbitrary and unreasonable. Had the respondents really wanted to protect domestic growers, nothing prevented them from responding appropriately, the order of the Supreme Court expressly kept that liberty open. However, the imports as per normal policy parameters, for normal/existing and prescribed periods are permissible for fresh licenses. Yet, for .....

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