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1999 (11) TMI 63 - SUPREME COURTWhether the appellant is entitled to benefit of Notification No. 13/81 read with Export-Import Policy, 1992-97? Held that:- the Import-Export Policy 1992-97 read with Notification No.13/81 gives exemption to the goods imported for the first time in India and does not cover the goods already imported and sent abroad for the purpose of repairs and then re-imported to India. The machinery parts exported for repairs and re-imported thereafter did not require any licence for the import of the goods, which licence is one of the condition precedent to attract applicability of Notification No. 13/81. Same is the inference which flows from the provisions contained in paragraphs 24, 25, 26 and 31 of the Policy. Para 172 of the Policy makes it legal to re-import after repairs abroad the machinery and equipment exported specifically for the purpose of repairs and also allows release of foreign exchange payment for the purpose. Both these things may not have been permissible but for para 172 of the Policy. This is the only effect of para 172. Reliance on para 172 so as to link the Policy with Notification No. 13/81 is misconceived. Para 159, while permitting conversion of an existing DTA into EOU, specifically excludes any concession in duties and tax (under the Policy) being made available to plant and machinery already installed. The parts exported and re-imported by the appellant were of the machinery 'already installed' on the date of promulgation of the Policy. They were certainly not covered thereunder. Appeal dismissed of assessee.
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