ARORA INTERNATIONAL Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner No. 2, A.K. Arora carries on business in import and export of goods under the name and style of M/s. Arora International.

(2.) On or about 21st February, 1983, a REP licence for Rs. 2,27,700/-was issued by the Joint Chief Controller of Imports and Exports, New Delhi in favour of M/s. Asum Traders Private Limited of New Delhi, a Manufacturer Exporter on prior export basis. The said licence is governed by the Import and Export Policy of 1982-83. Against the item "description of goods" in the said licence the following endorsement appears : "Items mentioned under A.B.C. in column 4 of Appendix 17 of A.M. 83 Policy against Group 0.1 (0.one) as amended upto date with restrictions, if any, mentioned therein". One of the conditions of the said licence as specified in the said licence is to the following effect :

(3.) The said licence is a transferable licence and was transferred by the said Asum Traders Private Limited in favour of the petitioner under paragraph 140 of the Import Policy of 1982-83 which reads as follows :-