In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004- 09, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures.
It was held that the order was passed in exercise of power of superintendence under Article 227 of the Constitution of India, 1950 against which the Letters Patent Appeal is not maintainable. The High Court was not justified in holding that the Letters Patent Appeal was not maintainable.
In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes following amendments to Notification No.93(RE-2007)/2004-2009 dated 1st April, 2008 read with Notification No. 37 (RE-2008)/2004-09 dated 3rd September, 2008.
The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, sub section (i) vide number G.S.R. 118(E), dated the 1st March, 2002 and was last amended by notification No. 119/2008-Customs, dated the 31st October, 2008 which was published in the Gazette of India, Extraordinary, vide number G.S.R. 763 (E), dated the 31st October, 2008.
INSTRUCTION No. 16/2008 Under the revised procedure, inspections will involve an annual comprehensive inspection of the concerned office. The Inspecting Officer will examine and comment on the overall functioning of the office in the light of various Government Instructions in general and CBDT Instructions in particular. However, it will not be necessary to give comments on select assessment orders as part of inspection, as this will be done during Review of the assessments, instructions in respect of which are being issued separately.
INSTRUCTION No. 15/2008 Review will henceforth form an ongoing function of the supervisory officer for monitoring the quality of assessment work being done during the year by Assessing Officers under their supervisory control. The basic purpose of Reviews will remain unchanged viz. to ensure that all issues arising for consideration in the relevant assessment have been considered, the evidence required to examine these has been collected, rival arguments are analysed in the assessment order and a fair and balanced finding recorded.
