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Showing contexts for: HS classification in Global Industries vs Union Of India on 2 November, 2010Matching Fragments
W.P.(C) Nos.6747, 5135, 5481, 5822, 5990, 8479, 29465, 31806, 243, 257, 1065/2009 & 20318, 23273, 26671, 34054, 36296, 36302/2008 These writ petitions have been filed by importers of betel nuts, challenging notification No.15(RE-2008)/2004- 2009 dated 04-06-2008 issued by the Director General of Foreign Trade in the purported exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy - 2004-2009, amending Schedule -1(Imports) of the Import Trade Control(HS) Classifications of Export and Import Items, 2004-2009, incorporating the condition that import of betel nuts, whole, split, ground and others, will be permitted freely provided the CIF value is Rs.35/- per W.P.(C) Nos.6747/2009 & connected cases Kilogram and above. Among others, it is contended by the learned counsel for the petitioners that the Director General of Foreign Trade had no jurisdiction, either under the FTDR Act, 1992 or the Foreign Trade Policy, to have issued the notification and, therefore, the notification is illegal and unconstitutional.
2. A counter affidavit has been filed by respondents 1 and 2. In paragraph 6 of the counter affidavit, it has been stated thus:-
"6. It is denied that Ext.P1 notification is arbitrary, discriminatory, issued with oblique motive and not in public interest. The Ext.P1 notification has been issued to protect the interests of the domestic cultivators. It has been issued by the DGFT in public interest in exercise of powers conferred under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy 2004-2009 according to which the Central Government is empowered to W.P.(C) Nos.6747/2009 & connected cases make amendment in Schedule I(Imports) of ITC(HS) Classification of Export and Import Items 2004-2009. The issuance of the above notification is a policy decision of the Central Government in exercise of the powers conferred under the above Act."