TMI Blog2010 (3) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... /b Pandya Co. , for the Petitioner. S/Shri P.S. Jetly with Rohit Pardeshi, for the Respondent. [Judgment per : D.G. Karnik, J. (Oral)]. - The petitioner is an Electronic Engineer and is engaged in the business of producing Advertising Films, TV Serials and Documentaries. The petitioner desired to import TV Broadcast and studio equipments as permissible Non-OGL capital goods against a REP licence, purchased by the petitioner, which carried specifically a flexibility endorsement under para 177 of Import and Export Policy for April 1988-March 1991 (for short "AM 88-91) permitting import of goods. On import of the goods, the petitioner filed a bill of entry for home consumption under Rotation No. 3559 Line No. 23 dated 15th June, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In our view, they are not relevant for the purpose of final decision of the petition which has to be decided on merits. 3. The Imports and Exports (Control) Act, 1947 empowers the Central Government to prohibit, restrict or otherwise control the imports and exports of goods in and out of India. In exercise of the powers conferred by the Imports and Exports (Control) Act, 1947 the Imports (Control) Order, 1955 has been issued. Schedule I to the said order contains the list of articles of which imports are controlled. Imports of such items is prohibited except (i) under and in accordance with the licence or a Customs Clearance permit issue under the said order or (ii) if they are covered by an Open General Licence (subject to such conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from Srilanka and arrived at port of destination on 22nd September 1981 and 10th September, 1982 respectively. The import was effected in pursuance of a licence which was issued in the year 1980-81 but the goods were actually imported after the policy had expired and new policy had come into force. In paragraph No. 2 of the decision, Supreme Court posed the questions which had arisen for its consideration. The question No. 1 was "(1) The import policy of which year would be applicable to the present case - the period during which the licences were issued or the time when the import actually took place" In paragraph No. 3 of the decision, the Supreme Court held that the High Court had come to the correct conclusion to the terms of impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial inputs required in the manufacturing of the products exported and also to allow certain flexibilities to enable diversification of export goods. As a measure to promote exports, the registered exporter is granted a licence commonly known as "REP Licence" which enables him to import goods. The value of the REP licence i.e. to say the extent to which import is permitted is determined inter alia on the of value and nature of the goods exported by the registered exporter. Paragraph 175 of AM 88-91 provides that Import Replenishment Licence (for short "REP Licence) issued under the policy will carry an in built flexibility except in cases covered by paragraph 182(1). Paragraph 177(1) provides that within the permitted flexibility, the REP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny) which was imported under the REP licence. It describes the product and purposes for which it is used. The TV Broadcast and Studio Equipment in question is used for the purpose of recording and playing the cinematographic films contents of which are recorded on video audio tapes. Films are recorded on cassettes with the help of the equipment in question. The equipment in question which is used for production of films recorded on cassettes would therefore fall within the definition of capital goods. 9. Paragraph No. 177(2) of AM 1988-91 provides that within the value of flexibility allowed, the REP Licence can be utilised for import of capital goods without the recommendation of the sponsoring authority and without indigenous clearance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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