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1990 (3) TMI 204

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..... n terms of Appendix 6, List 8, Part I, Sl. No. 756 of the Import Policy AM 1988-91. 2. Proceedings were instituted against the appellant on the ground that the goods were not permissible for import under OGL and being goods covered by Appx. 3, Part A, Sl. No. 484(4) of the Import Policy AM 1988-91, the goods would require a valid licence for the import thereof and the proceedings ultimately resulted in the present impugned order appealed against. 3. Heard Shri Srinivasan, the learned Consultant for the appellant who at the outset submitted that what was imported by the appellant was only 'Filter assembly and element' which are hydraulic power packs for which no licence is required. It was urged that the goods have no automotive use at all .....

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..... edantham, the learned DR referred to para 22(5) of the Policy and contended that even in the case of automotive components/ancillaries those having non-automotive application as well would be covered by the respective entries of App. 3, Part A, Sl. No. 484(4) of Import Policy AM 1988-91. 5. In reply, Shri Srinivasan, the learned Consultant urged that para 22(5) referred to by the learned DR would only mean that any automotive components which have non-automotive application as well would be covered by App. 3, Part A, Sl. No. 484(4) of AM 1988-91 and in the present case, when the goods have no automotive application at all, para 22(5) of the Policy cited supra has neither relevance nor application. 6. I have carefully considered the submis .....

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..... automotive applications. I further find that the goods in question have been imported on the basis of the order placed by Garden Reach Shipbuilders and Engineers Limited, which is a Government of India Undertaking who referring to the goods in question have in their communication dated 13th June, 1988 certified as under :- "Sub: Import 1 case gross weight 74 kgs. containing 6 Nos. of Hydraulic Filters and 12 Nos. of Filter Elements per flight No. MH 32 dated 12-5-88 under MAWB No. 23296010633 HAWB Nos. 490065 dated 6-5-88. Invoice No. 029130 H dated 3-5-88 of M/s. Pall Industrial Hydraulics Ltd., Portsmouth England. "This is to certify that the above consignment imported by M/s. Denison Hydraulics India Limited, Patancheru, Dist. Medak .....

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