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Vasudha Biotek Pvt. Ltd. Versus The Assistant Commissioner of Customs And Others

2016 (4) TMI 788 - MADRAS HIGH COURT

Seeking permission for clearance of goods - Import of insecticide viz., Ethephon from china - Petitioner contended that they have obtained a necessary registration certificate under Section 9(4) of the Act in the year 1991 and also in 1992 - Held that:- it could be seen that the certificate dated 01.07.1991 was issued for indigenous manufacture only and not meant for import of Ethephon. When it was not issued for the purpose of import of Ethephon and it was issued only for the purpose of indigen .....

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cannot be accepted as a ground for permitting them to import Ethephon insecticides, without following the mandatory provisions of the Act. It can only be said that the petitioner Company have managed to import Ethephon all these years. As stated above, that cannot be a ground for directing the respondents to release the consignment. In the absence of the mandatory registration, the consignment cannot be released. - Decided against the petitioner - W.P.No.15154 of 2015, M.P.Nos.1 & 2 of 2015 - Da .....

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arance of the goods of the petitioner. 2.1 According to the petitioner, it is engaged in the import, manufacture and sale of insecticides. One of the insecticides which the petitioner is engaged in the manufacture is known as 2-Chloroethyl Phosphoric Acid, which is also known as Ethephon. Under the provisions of the Insecticides Act, 1968 (hereinafter referred to as the Act ), any person desiring to import or manufacture any insecticides must apply to the 2nd respondent for registration of its i .....

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rate General of Foreign Trade for a certificate of registration of Export-Import and obtained the same. Therefore, according to the petitioner, they are eligible to freely import all goods which are available for import under the Export-Import Policy of the Government of India. 2.4 Further, according to the petitioner, since there is no ban on import of Ethephon, the petitioner commenced the importation of Ethephon from a source in China which was selling the same at a competitive price. Dccordi .....

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petitioner had not obtained a separate Source of Import registration from the 2nd respondent. 2.6 According to the petitioner, inspite of repeated representations made by the petitioner, the 1st respondent refused to release the consignment. Hence, the petitioner has come forward with this writ petition. 3.1 The 1st respondent, in his counter, has stated that even in case of routing the material through the Supplier, the material is required to originate from the source of import duly accompanie .....

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ongly using the said certificate for import of the pesticides. 4. The 2nd respondent in his counter has stated that the certificate produced by the petitioner is not sufficient for the import of Ethephon and that the said certificate is meant only for the manufacturing purpose. Therefore, the import of Ethephon from China by the petitioner cannot be permitted. 5. Heard the learned counsel on either side and perused the materials available on record. 6. On a careful consideration of the materials .....

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