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Showing contexts for: atul commodities in Bally Exports Pvt. Ltd. & Anr vs Union Of India & Ors on 28 February, 2011Matching Fragments
Broadly imports fall in two categories, general and restricted and there is also a prohibited category. Change of categorization can only be done by amendment under Section 5 of the Foreign Trade Act. Categorization and re-categorization cannot be done by policy circulars as held by the Supreme Court in Atul Commodities (P) Ltd. Vs. Commissioner of Customs reported in (2009) 5 SCC 46. It is not open to the Director General of Foreign Trade to change categorization of items from the category of 'free export' to category of 'restricted export'.