such interim orders.
2 Hereinafter also referred to as ‘the FTDR Act ’.
3 Hereinafter also referred to as ‘the DGFT’ for short.
3
3.2. Faced ... contrary to the said notifications and trade notice
issued under the FTDR Act ; and would be so dealt with under the
provisions of the Customs
Foreign Trade
(Development and Regulation) Act, 1992 (hereinafter referred to
as ‘ FTDR Act ’).
3. Accordingly, we had heard arguments and by this common
judgment would ... Trade, as the ‘DGFT’. DGFT is an authority
constituted under the FTDR Act and appointed by the Central
Government to advise them on foreign trade
Para 2.3 of the FTP is
unconstitutional and ultra vires the FTDR Act or the FTP;
[b] Be pleased to declare and hold that Para ... Customs Act, Section 37
of the Central Excise Act and Section 93A read with Section 94 of the
Finance Act, 1994. Such permission
Para 2.4 of the FTP and Section 6 of the FTDR
Act. We have already pointed out that Section 3 of the
FTDR Act grants ... Central Excise Act and Section 93A read
with Section 94 of the Finance Act, 1994 although not
authorized under the FTDR Act
ultra vires of the Foreign Trade (Development & Regulation) Act,
1992 [` FTDR Act ‟] and violative of the fundamental rights under Articles ... terms of the powers conferred by Section 5 of the FTDR Act read with
Para 1.3 and 2.1 of the FTP 2009-14, the central
exercise
of the powers conferred under Section 5 of the FTDR Act read with
Paragraph 2.1 of the Foreign Trade Policy ... relevant period. The FTDR Act supplements the other Acts, which could
be culled out from Section 18A of the said Act which provides thus
Foreign Trade (Development and Regulation)
Act, 1992 („ FTDR Act ‟), the Foreign Trade (Regulation) Rules 1993
(„FTR Rules‟) and the Foreign Trade Policy ... DGFT in exercise of the powers under Section 5
of the FTDR Act read with para 2.1 of the FTP 2009-14 amended para
Foreign Trade
(Development and Regulation) Act, 1992 (hereinafter referred to as
“ FTDR Act ”) empowers the Director General of Foreign Trade to
review the orders made ... learned counsel for the
petitioner, Section 16 of the FTDR Act empowers the Director
General to review any decision or order made by the Joint
DGFT. The 2012 amendment to the policy traverses
beyond the FTDR Act , by providing the PIC an unfettered
authority to interpret the provision ... Central
Excise Act and Section 93A read with Section 94 of the
Finance Act, 1994 although not authorized under the
FTDR Act
looked into. They are Customs Act,1962, Customs
Tariff Act,1975 and FTDR Act,1992 . Each enactment places an assigned role and
they must ... under FTDR, Act .
(vii)Fixing the value of goods can be done only under the Customs Act and
Customs Tariff Act . Those Acts also provide
