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1986 (9) TMI 203 - SC - Indian LawsWhether under item 1 of Appendix 6 (import of items under Open General Licence) of the Import Policy, 1985-88, raw materials, components and consumables (non-iron and steel items) other than those included in the Appendices 2, 3 Part A, 5 and 8 will be permissible by the actual user (industrial)? Held that:- This contention above cannot be accepted firstly because it comes within specific prohibition of Item 9 in Part-B of Appendix 5 being fatty acid and acid oil which were importable only by the State Trading Corporation of India under Open General Licence on the basis of foreign exchange released by the Government in its favour. Secondly the actual importation was not by the petitioners but by somebody else as mentioned hereinbefore, being M/s Dimexon Co. In the premises, the view of the Bombay High Court cannot be sustained. Appeal allowed.
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