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1983 Supreme(P&H) 392

S.S.KANG
Bimex International Maha Singh Gate – Appellant
Versus
Union Of India – Respondent


Judgment

Sukhdev Singh Kang, J.

1. Messrs Bimex International-petitioner has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing order dated 23rd November 1973, passed by the Assistant Collector of Customs (Annexure P-5), order dated 25th March, 1975, passed by the Appellate Collector, Customs (Annexure P-7) and order dated 25th November, 1975, passed by Joint Secretary to the Government of India (Annexure P-9).

2. Briefly stated the facts of the case that the petitioner is a partnership concern and is engaged in the manufacture of woollen/terriwool textiles, which are sold within the country and are exported to various countries in the Middle East. From 1970 to 1976 the petitioner earned foreign exchange to the tune of about Rs. 83 lakhs by exporting goods manufactured by it. Under the import and export policy of the Government of India, the Small Scale Industries are entitled to import foreign goods to the extent of 70% of the F.O.B. value of the goods exported by them as determined by the Joint Chief Controller of Imports. On that premises the petitioner was granted import entitlement to the tune of Rs. 45 lakhs. I






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