9911796707
TMI Blog1987 (2) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... Policy for the period April, 1985 to March, 1988. 2. Petitioners are in the business of manufacturer-exporter and were registered-exporters under Import Policy 1985-88. They had secured REP licences which are at Exs. 'A' to 'E'. These licences are valid for a period of 18 months from the date of issue thereof, which ranged from May to October 1985. 25% of the c.i.f. value had been utilised by petitioners. On 30-3-1986, petitioners applied for the making of an endorsement on the licences enabling them to transfer the remaining or unutilised value thereof. This was turned down under Ex. 'G' which reads as follows :- "... your request cannot be considered for the following reason - since you have already availed facility of Para 204 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials, components, consumables spares and packing materials which are related to select products exported or manufactured by him either in the same factory as the one from which the goods were exported against the REP licence concerned or in some other factory of the same name of the manufacturer. However, in respect of Items covered by sub-para (2) below, import will be subject to the value restrictions indicated against the different categories of licence holders. The special facility will be subject to the following conditions :- (vii) The imports when made will be subject to Actual User conditions. (viii) REP licences to be used for the facility under this Para shall be 'non-transferable' and shall be endorsed accordingly. (4) In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en availed of by the petitioners. However unreasonable the condition of non-transferability may be, the petitioners cannot make a grievance thereof, having regard to Para 225. But when the clause afore-mentioned speaks of non-transferability the extent thereof is limited to the value of the facility already utilised. This interpretation alone can give meaning to sub-paras (4), (5) and (7) of Para 204. Sub-para (4) speaks of the manufacturer-exporter being eligible to import to the extent permitted in the table given under Columns 4 and 5 Appendix 17 or sub-para (2) whichever be more favourable. Sub-para (7) requires the licensing authorities to make an endorsement upon the licences. Therefore, it cannot be said that Para 225 fully excludes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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