9911796707
TMI Blog1990 (7) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... tometer, RS-232C Accessory, I F Lamda 3 II software, PECUV software, Model 3600 Data Station, PR 100 Printer, Integrating sphere, paid of cells cite ca 10 mm patn length and MULT software and sought for clearance under OGL Appendix 2, Sr. No 25(6) of AM 84 of the Policy. The clearance was objected to by the department on the ground that the same was computer system and hence hit by the provisions of Para 22 of Chapter 5 of AM 83-84 Policy and the prior permission from the Department of Electronics had not been obtained and hence not importable under OGL. A show cause notice was waived and personal hearing was given where after considering the catalogues produced by the appellants, the authorities below came to the conclusion that this was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... took me through the definition of the computer system as specified in para 5(9) of the Policy and submitted that here is nothing but a computer system which is sought was to be imported and that the order passed by the authority below is just and proper and calls for no interference. 5. Two issues arise for my determination : (1) Whether the item imported is a computer system ? (2) Whether the import thereof is permissible under OGL, without complying with the requirements of Chapter 5 of the Policy AM 1983-84? 6. Considering the first point, the appellants themselves have produced a literature relating to the item imported, and the catalogue clearly mentions that it is a completely micro computer controller system. At other place, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions applicable, it may be noted that para 9 of the said Chapter reads as under: An Actual User may apply to the concerned licensing authority for the import of any other Capital Goods which he requires, in the manner and form laid down in the Hand Book of Import-Export Procedures 1983-84. But so far as Computer Systems are concerned, the provisions of Chapter 5 of this book shall be followed. Use of the word any other Capital Goods indicates that this provision is for the goods other than those listed in para 7, and the most significant portion in the said para 9 is the last line, which makes a special mention for import of computer system. Reading of the provisions of Paras 7 and 9 conjointly, a clear impression is created t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the authorities below have not alleged non-compliance thereof. 10. It is also not possible to hold that when specific provisions have been separately in the Policy for import of computer systems, by necessary implications, all such items are deemed to be covered thereunder as, for the reasons mentioned while comparing the provisions of para 7 and 9 of Chapter 3, the framers of the Policy themselves have chosen to make a specific mention re : applicability of provisions of Chapter 5, where they have felt that they should be made applicable and mention of a sentence similar to the one in para 9 is conspicuously absent in para 7 or in condition (1) of Appendix 10. 11. Thus, when V. V. Spectrophotometers (double beam) have been specifical ..... X X X X Extracts X X X X X X X X Extracts X X X X
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