TMI Blog2003 (9) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by the Directorate of Small Scale Industries. Petitioner No. 2 is a regular importer of marble/granite and other materials. 4. The petitioners seek to challenge the action of the respondents in insisting a valid import licence for allowing clearance of the goods covered by the Bill of Entry in Question. 5. The petitioners contend that as per the Import Policy AM-78, the manufacturer-exporters, who had exported goods to Vietnam as per policy operating during the period April, 1977/March, 1978 and who had their export contracts falling into the scheme of Export Entitlement Certificate, were granted specific Transferable Replenishment licences for import of raw materials, components, consumable stores and packing material as per Para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited v. Union of India [reported in 1990 (48) E.L.T. 356 (Bom.)] sought clearance of the goods contending that the petitioners were entitled to import marble slaps under the licence obtained by them, being the transferee of licence in question. 9. When the clearance of the goods was not allowed by the customs, petitioners filed the present petition questioning the legality and validity of the impugned action of the respondents refusing clear goods and prayed for interim relief in terms of prayer clause (c). This Court vide order dated 5-4-1991 was pleased to grant rule and interim relief in terms of prayer clause (c) relying upon the judgment of this Court in the case of NCK Sons Exports Private Limited v. Union of India (cited supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondition. 11. From a bare reading of this provision, it is reasonable to infer that the holder of a REP licence can import raw materials and other things mentioned therein which are required for use in his own factory. However, it is not mentioned that the goods which he is allowed to import under the REP licence should have any relationship with goods which he has exported and in recognition of which exports he has been given REP licence. In other words, the person who obtains the REP licence might have exported a particular commodity and he will be entitled to import raw materials which may go into the manufacture of another commodity. Taking the present case itself, it is noticed that the party which originally obtained the REP licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Import Trade Control Policy (Vol. - II) of AM-78, subject to the conditions laid down therein as well as on the conditions mentioned on the reverse of the licence. This endorsement on the licence does suggest that only raw materials which are required in the licence holder s factory can only be imported by the licence holder. As a matter of fact, reading of the aforesaid condition, though loosely worded, unequivocal indicates that what can be imported is the only required raw materials, components, consumable stores and packaging material required for manufacture of the goods in factory; meaning thereby only goods required as raw material for manufacture in the factory of the licence holder can only be imported. However, learned Single Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
