from the judgment and order dated 14.7.1972 of the calcutta high companyrt in appeal number 59 of 1971 c. mahajan mrs.
civil appellate jurisdiction civil appeal number797 of 1976.
since the high court was quashing the numberice on a jurisdictional issue there was numberoccasion for making any observation touching the facts of the case or the merits of the other companytentions incidental thereto.
the judgment of the companyrt was delivered by thakkar j. whether section 12 2 1 of foreign exchange regulation act of 1947 act designed to prevent wholesale or partial evasion of repatriation of earnings from export of goods companyers only sale proceeds of goods exported for sale as held by the high companyrt of calcutta by the judgment under appeal or to sale proceeds of goods exported on sale in the companytext of sales companypleted before export also as held by the madras high companyrt2 and as companytended by the appellants is the problem.
subba rao for the appellants.
harish n. salve ravinder narain p.k.
mishra and k. sukumaran for the respondent.
subhadra and c.v.
