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TMI Blog1987 (7) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... , as it appears, was framed by the Central Government which provides for, inter alia, duty-free import of raw materials and components required for the manufacture of goods to be supplied to IBRD/IDA aided projects. The said Scheme is contained in Appendix 19 of the Import & Export Policy for the period of April, 1985 to March, 1988 (hereinafter referred to as the said policy). The relevant paragraphs of Appendix 19 are set out below : "Execution of bond : 24(1) Before clearance of the first consignment of import the licence holder shall execute a bond with bank guarantee with the concerned licensing authority in the prescribed from given in Appendix XVI-C of the Hand Book. Certain categories of licence holders may be given the facility of bond with bank guarantee for a lesser value or legal agreement in lieu of the bond as per paras 339 and 340 of the Hand Book." "24(4) Where the export obligation prescribed on a licence under this Scheme has been fulfilled in part before import of the exempt materials involved, the bond/legal agreement will be correspondingly reduced in value so that it represents only the unfulfilled part of the export obligation/Customs duty exemption. If th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion either before the issue of the licence and the DEEC or after the expiry of the stipulated period of export obligation, Customs authority will allow such exports on provisional shipping bills. Subsequently, if a licence and the DEEC are issued or the period of fulfilling export obligation is extended to cover these exports, the Customs authorities will regularies these exports. If, however, a licence and DEEC are not issued or period for fulfilling export obligation is not extended, the provisional exports will not be eligible for regularisation and these endorsement made will be cancelled. The licensing authority concerned will suitably endorse a copy of the communication addressed to the exporter to the Customs authorities concerned regarding such issue of licence or extension, as the case may be." "Utilisation of exempt materials : 30. Exempt materials imported against a licence under this Scheme shall be utilised for the manufacture of the resultant products specified in the DEEC. Such materials shall not be loaned, sold or transferred or disposed of otherwise under any circumstances. However, in cases where the export obligation has been partially or fully met before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s so imported. 3. It was contended by Mr. Bajoria, that the Court should take liberal view should be taken with regard to the construction of the notification-in-question, so that even the petitioner might get the benefit of the scheme and is entitled to get exemption from payment of the customs duties, in the facts and circumstances of the case. No matter whether the particular goods were used for the purpose, because some other goods from the stock of the petitioner of the same original were already used as components and raw materials for manufacture. The original notification, dated September 10, 1982, bearing No. 210/82-Customs, is as follows :- "Copy of Ministry of Finance, Department of Revenue, Notification No. 210/82-Customs, dated 10-9-1982. G.S.R. 560(E). - In exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts raw materials and components required for the manufacture of goods to be supplied to International Development Association or International Bank for Reconstruction and Development or Bilateral or Multi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r may use such raw materials and components for the manufacture of any other goods; and (b) in a case where the importer cannot use the said raw materials or components for the manufacture of any other goods also as required under clause (a) of this paragraph, then, with the previous approval of the authority competent to grant to import licence referred to in this. notification, being the authority not below the rank of the Chief Controller of Imports and Exports, the importer may transfer such raw materials and components to any actual user, subject to such terms and conditions as the said authority may specify. IB. The exemption under this notification shall also be available to the said raw materials and components imported under and Open General Licence issued under Section 3 of the Imports and Exports (Control) Act, 1947 (19 of 1947), if at the time of clearance of such raw materials and components for home consumption, the import licence required under this notification is produced by the importer." 4. It is not necessary to go into these questions whether under the earlier notification the petitioner was entitled to import, for the purpose of replenishment or replacement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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