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TMI Blog2009 (3) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... icy. 2. Pursuant to the endorsement dated 10-2-2009 made on the original licence dated 4-8-2006, the petitioner became entitled to import all edible oils classified under Chapter 15. 3. Accordingly, the petitioner has imported edible oil and filed bill of entry for home consumption on 18-2-2009. 4. The customs authorities, however, relying upon the circular No. 21 of 2007 dated 8-5-2007 have issued show cause notice on 9-3-2009 calling upon the petitioner to show cause as to why the import of edible oil should not be held to be contrary to the Foreign Trade Policy and show cause as to why the benefit of Exemption Notification No. 32/2005 dated 8-4-2005 should not be denied to the petitioner. 5. According to Mr. Sridharan, learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2-2007 in the case of M/s. Murali industries Limited v. Union of India (Writ Petition No. 2622 of 2007). 7. According to Mr. Jetly, under para 3.7.6 of the Foreign Trade Policy, the duty credit may be used for import, of any inputs, capital goods including spares, office equipment etc. for their own use or that of supporting manufacturers as declared in Appendix 17D. Para 3.2.5 of the Hand book of Procedures provides that the goods imported under the Target Plus Scheme shall have broad nexus with the product exported. He submitted that in the light of the impugned Circular dated 8-5-2007 it is clear that in the present case edible oil has no nexus with the goods exported by the petitioner, and therefore, the customs authorities are justif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e counsel for the revenue on the decision of this Court in the case of Murali Industries Limited (supra) is misplaced because, in that case the licence did not permit import of the item imported by the petitioner therein, whereas in the present case the licence specifically permits import of edible oil.
11. In this view of the matter, pending the hearing and final disposal of the petition, the respondents are directed to clear the edible oil imported by the petitioner on the petitioner furnishing bond and undertaking to pay the amount if ultimately found payable.12. We make it clear that the pendency of this writ petition would not preclude the respondents from adjudicating the show cause notice issued on 9-3-2009. X X X X Extracts X X X X X X X X Extracts X X X X
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