IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CENTRAL EXCISE & CUSTOMS GOLD CONTROL AP No 38 of 2002 with CIVIL APPLICATION No 31 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE R.K.ABICHANDANI and Hon'ble MR.JUSTICE KUNDAN SINGH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO @ DISCO GARMENTS PVT. LTD. Versus COMMMISSSIONER OF CUSTROMS & CENTRAL EXCISE -------------------------------------------------------------- Appearance: 1. CENTRAL EXCISE & CUSTOMS GOLD CONTROL AP No. 38 of 2002 Mr. Kamal Trivedi, Sr. Advocate with MR PARESH M DAVE for Petitioner No. 1-2 Ms. Manisha Lovekumar, Addl. Standing Counsel for the Central Government for the Respondent. -------------------------------------------------------------- CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE KUNDAN SINGH Date of decision: 02/05/2002 ORAL JUDGEMENT (Per : MR.JUSTICE R.K.ABICHANDANI) Rule. Learned Additional Standing Counsel for the Central Government waives service of Rule for the respondent. We have heard both the sides. In our opinion, the following substantial question of law arises from the order of the Tribunal. "Is the Tribunal justified in taking weight of the raw material (fabric) allowed for import for deciding whether such imported fabric was used in the making of the export product (shirts and trousers) when length and width of cloth was prescribed as the basis of input-output norms in Appendix 13-C (items 28 and 35) of the Import Export Policy of April, 1990 to March, 1993 ?" The Tribunal is directed to forward the statement of cases in respect of the aforesaid question. This application stands disposed of accordingly. Rule is made absolute with no order as to costs. ... ***darji