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M/S.S.Mira Commodities Pvt vs Union Of India on 8 September, 2008

20. In the present case, the DGFT has not resorted to change of categorization of items, i.e. from the category of free export to category of restricted export, but as a sequel to earlier notification No.18, which fixed the floor price of US $ 50 per square meter, the present impugned Notification has been issued. Therefore, I do not find any illegality or irregularity in the impugned notification in order to interfere with the same. The reliance placed upon "M/s.Mira Commodities case and "M/s.Bimal Kumar Modi case" by the learned counsel for the petitioner, cannot be made applicable to the present case inamsuch as in the said decisions, it has been held that the DGFT has resorted to amend the import & export policy, which is not permissible under the provisions of FTDR Act, but in exercise of Section 5 of the FTDR Act, the Central Government is only empowered to formulate and announce the export and import policy.
Madras High Court Cites 14 - Cited by 4 - K Chandru - Full Document
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