JAY ENGINEERING WORKS LTD Vs. M G WAGH
LAWS(CAL)-1972-7-20
HIGH COURT OF CALCUTTA
Decided on
July 14,1972
JAY ENGINEERING WORKS LTD.
Appellant
VERSUS
M.G.WAGH
Respondents
Referred Judgements :-
U.S.SUPREME COURT FEDERAL TRADE COMMISSION V. GRATZ [REFERRED TO]GANGADHAR NARSINGDAS AGARWAL V. UNION OF INDIA [REFERRED TO]
R.VENKATA SUBBU V. THE DIRECTOR OF ENFORCEMENT [REFERRED TO]
K.O.KRISHNASWAMY V. DIRECTOR OF ENFORCEMENT [REFERRED TO]
CORPORATION OF CALCUTTA VS. LIBERTY CINEMA [REFERRED TO]
UNION OF INDIA VS. RAI BAHADUR SHREERAM DURGA PRASAD PRIVATE LIMITED [REFERRED TO]
COLLECTOR OF CUSTOMS CALCUTTA VS. BISWANATH MUKHERJEE [REFERRED TO]
Cited Judgements :-
JAY ENGINEERING WORKS LTD VS. M G WAGH [LAWS(CAL)-1973-3-16] [REFERRED TO]ASSISTANT COLLECTOR OF CUSTOMS VS. INDIA-FERRO-ALLOY INDUSTRIES P TLD [LAWS(CAL)-1973-9-7] [REFERRED TO]
JUDGEMENT
B.C.Mitra, J. -
(1.)This appeal is directed against a judgment and order dated November 20, 1970, by which the Rule Nisi obtained by the appellant was discharged.
(2.)The appellant is a manufacturer and seller of Sewing Machines and Electric Fans, which are exported to various countries including the United Kingdom. Before April 19, 1962, goods manufacture ed by the appellant were consigned to Merchant Engineering Ltd., London, on outright sale basis. On and from April 1, 1902, these goods were despatched to Usha Sales (P) Ltd. in the United Kingdom with whom the appellant had entered into a selling agency agreement.
(3.)According to the appellant the price of Sewing Machines in United Kingdom had to be reduced in order to boost up sales which had declined by reason of competition from Japan, and the other European countries. By two notices both dated November 5, 1966, under Section 19 (2) of the Foreign Exchange Regulation Act, 1947, (hereafter referred to as the Act), the Deputy Director. Enforcement, Calcutta, required the appellant and Usha Sales (P) Ltd. to furnish certain information and documents regarding the export of Sewing Machines to the United Kingdom including the reasons for reducing the prices of the machines exported after 1961-62 and also certain claims for rebate and expenses made by Usha Sales (P) Ltd. By a letter dated January 4, 1967, the appellant furnished the information required and thereafter by a further notice dated July 6, 1967, also under Section 19 (2) of the Act, the appellant was called upon to furnish information and documents regarding the non-realisation of export proceeds of 14 G. R. I. Forms, of a total value of 17,462-15s. during the period from November 1962 to December 1965. On July 27, 1967, the appellant explained that foreign exchange in respect of 4 of the G. R. I. Forms had since been received in India and the proceeds of some other G. R. I. Forms had been received by its bankers. The State Bank of India, and also that attempts were being made to realise the balance out of the sum lying to the credit of Usha Sales (P) Ltd. in a U. K. Bank,
(2.)The appellant is a manufacturer and seller of Sewing Machines and Electric Fans, which are exported to various countries including the United Kingdom. Before April 19, 1962, goods manufacture ed by the appellant were consigned to Merchant Engineering Ltd., London, on outright sale basis. On and from April 1, 1902, these goods were despatched to Usha Sales (P) Ltd. in the United Kingdom with whom the appellant had entered into a selling agency agreement.
(3.)According to the appellant the price of Sewing Machines in United Kingdom had to be reduced in order to boost up sales which had declined by reason of competition from Japan, and the other European countries. By two notices both dated November 5, 1966, under Section 19 (2) of the Foreign Exchange Regulation Act, 1947, (hereafter referred to as the Act), the Deputy Director. Enforcement, Calcutta, required the appellant and Usha Sales (P) Ltd. to furnish certain information and documents regarding the export of Sewing Machines to the United Kingdom including the reasons for reducing the prices of the machines exported after 1961-62 and also certain claims for rebate and expenses made by Usha Sales (P) Ltd. By a letter dated January 4, 1967, the appellant furnished the information required and thereafter by a further notice dated July 6, 1967, also under Section 19 (2) of the Act, the appellant was called upon to furnish information and documents regarding the non-realisation of export proceeds of 14 G. R. I. Forms, of a total value of 17,462-15s. during the period from November 1962 to December 1965. On July 27, 1967, the appellant explained that foreign exchange in respect of 4 of the G. R. I. Forms had since been received in India and the proceeds of some other G. R. I. Forms had been received by its bankers. The State Bank of India, and also that attempts were being made to realise the balance out of the sum lying to the credit of Usha Sales (P) Ltd. in a U. K. Bank,
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