TMI Blog1991 (10) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants imported the subject consignment and sought clearance for home consumption, claiming the items as importable under Open General Licence, vide Entry No. 851 of List 8 Part I of Appendix 6 of ITC Policy 1988-91. The item was importable by Actual User (Industrial). The appellants were holding provisional industrial licence for manufacture of ethyl cellulose, and the item imported was claimed to have been required for the purpose of manufacture of reactor vessel. The departmental authorities therefore felt that the item was meant for manufacture of chemical machinery, and the appellants did not possess the licence in relation thereto. On objection being raised, the appellants approached the concerned authority and obtained necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n undergone. Referring to the findings of the adjudicating authority, he submitted that even the said authority was satisfied that the importer had broadly met the condition for OGL clearance . In his submission, the adjudicating authority having convinced of due compliance, instead of releasing the goods, contradicting his own views, ordered confiscation. Mr. Shah also pleaded that the authority had even otherwise, made certain self-contradictory observations, indicative of non-application of mind, in due adjudication of the matter. 4. Mr. K.M. Mondal, the Ld. SDR, while supporting the order, conceded that but for the alleged non-compliance of holding requisite industrial licence, to indicate the status of actual user and manufacturer o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cence, for manufacture of Ethyl Cellulose, and the subject item was the input for reactor vessel, which was essential for manufacture of ethyl cellulose, but the industrial licence did not contain the endorsement to the effect that the appellants had also to manufacture the reactor vessel, and an objection being raised, the due endorsement thereof was obtained within a couple of days, before clearance of the imported goods. 6. The decision of the CEGAT NRB in Plastics and Metals Pvt. Ltd. v. Collector of Customs, 1990 (47) E.L.T. 424 (Tribunal) has been referred to and strongly relied upon by the appellants. In the said decision, the Tribunal examined the provisions of AM 1985-88 Policy, and observed that very narrow construction was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the relevant provisions, which make the aforesaid decision as not applicable on all fours to the present case. The conditions governing imports under open general licence, are given in Appendix 6, in both the Policy Books and reading condition No. 1, in both the appendices, it appears that requirement of production of industrial licence, for the goods imported, is laid down as the condition, whereas corresponding condition in the Policy 1985-88 does not contain the same. The CEGAT NRB thus, had no occasion to consider the condition No. 1, as worded in Appx. 6, of Policy Book 1988-91. 8. It is also not possible to approve the submission that Clause 1 of the condition required production of the registration certificate or licence, at the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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