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ARK GARMENTS INDUSTRY (PVT.) LIMITED versus FEDERATION OF PAKISTAN


Impact of Export of Apparel in excess of Rr 8 and 9 authorized quota, for the implementation of mutual textile agreement to the Rules of Imports and Exports (Control) Act 1950 Section 3SR07166 (1) / 92, Directive 7 3 1992. The exporter was not allowed to export more than its initial annual quota and any such additional shipment, unless the quota purchased from the open market is covered or obtained at auction by the authorities. And adjustments were adjusted to the contrary. If the surplus quantity exported by the exporter was not covered by the open market quota, and was not obtained at auction by the authority, such surplus would be disallowed. If so, the exporter cannot be credited with setting its export quota. The next year and at the same time the quota became responsible for adjusting against the export quota for the next year, where, due to the repeated extra delivery by the exporter, the exporter had no export performance in its credit. Was not entitled to any annual quota and instead the exporter was found to be exporting more than his quota, which according to the rules had to be surrendered to him. Letters / notices that require the exporter to surrender the excess amount illegally exported and as a result, several actions of the authorities have hinged on its constitutional jurisdiction. Did not demand interference with which exporters were charged

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