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TMI Blog1985 (6) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... rogen Compressors with Motors and spares and claimed clearance against import licence No.1455300, dated 5-7-1978. The customs, however, objected to the clearance; firstly, on the ground that the compressors are capital goods and cannot be considered as components of Hydrogen Gas generating plant; and secondly, the item imported could not be correlated to any item listed in Appendix 5. The appellants by their letter dated 8-10-1979 informed the Customs that the compressors were required for the hydrogen gas plant which they were manufacturing and supplying to Madhya Pradesh Electricity Board. They also contended that earlier they had been importing such compressors which were cleared. 3. The Collector of Customs, Bombay who held the enquir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to the notice of the trade by a trade notice dated 16-8-1978. It has no effect of invalidating the import. He contended that since the Public Notice, as has been riqhtly held by the Board, became effective from the date of trade notice, viz. 16-8-1978 and much earlier to that the appellants had opened a Letter of Credit, import could not be rejected to on the ground that the Public Notice deleted entry No. 496 in Appendix 5. Secondly, Shri Deshpande contended that the Collector had held that the compressors imported by the appellants are components. The appellants being actual users (Industrial) could import components as OGL items under Appendix 10(1) of the policy A-M.79. Shri Deshpande urged that even if the licence was not valid, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 978-79 deals with unauthorised import. Paragraph 398 of this Chapter reads: Valid Imports Import is validly covered by a licence when the description, value and the quantity of imported goods are in accordance with the licence and when the shipment/despatch of the goods from the supplying country takes place within the period of validity of the licence." There was no dispute as to the description, value and quantity of the imported goods. The dispute was with regard to the opening of letter of credit and the date of shipment. The shipment had taken place on 19-5-1979. The letter of credit was originally opened on 4-8-1978 valid to cover shipment upto 1-12-1978. The date of shipment was however extended upto 19-5-1979. The Board was o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85/78 was published. The licences that were issued after 28th July, 1978 would alone be governed by the Public notice and not the licences which were issued earlier to the date of Public Notice. The above proposition was settled by the decision of the Supreme Court in M/s. Bharat Barell Drums Manufacturing Co. Pvt. Ltd. v. Collector of Customs, Bombay and another. AIR 1971 S.C. page 704. In the Supreme Court case, the licence was issued on June, 1962. At the time of the licence neither the licence nor the policy provided that the steel sheets required to be imported should be of prime quality. But by Public Notice No.1/1-5/62, dated December 6th, 1962 required that the steel sheets should be of prime quality. Based on that Public Notice t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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