9911796707
TMI Blog1990 (9) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... e period April 1981 to March 1982, hereinafter referred to as AM 81-82 . The holders of such licences were allowed to import certain items free of import duty on condition that the imported articles were used for manufacture of goods which had to be exported within a specified time. After the export obligation had been fulfilled, the licensee could apply for an endorsement enabling him to import goods of the value equal to the value of the licence without there being a debit to the imprest licence. Petitioner fulfilled the obligation annexed to the imprest licence figuring in this case and obtained an endorsement on 18th March 1983 which was worded thus:- This replenishment licence will also be valid for import of OGL items under para 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Co. v. Union of India 1987 (29) E.L.T. 492 (S.C.), reported in AIR 1987 S.C. 1794. 3. Learned Counsel appearing for the petitioner relies upon the judgment of this Court in a case almost identical to the one figuring in this case in Writ Petition No. 1465 of 1984. Pendse J. dealing with plea similar to that raised by Mr. Reage observed :- The third ground is that there is no provision for the OGL endorsement in the AM 85 Policy Book. Shri Vahavanti submitted that the licence was issued during the licensing period April-March 1983 and it is expressly provided that the licence will be governed by the conditions imposed at the time of issue thereof. The learned Counsel urged that it is entirely irrelevant to take into consideration the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se are items which were open to import by Export Houses holding Additional Licences for sale to the Actual Users (Industrial). These are items which were directly imported, for example, items in Part 2, List 8 of Appendix 6 of Import Policy 1985-88. These are items which are not canalised. Canalised items are those items which are ordinarily open to import only through a public sector agency. Although generally these are importable through public sector agencies, it is permissible for any import policy to provide an exception to the rule and to declare that an importer might import a canalised item directly. It is in that sense and that sense and that sense only that the Court could have intended to define the entitlement of diamond exporte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy, at the time of import, the holder shall be entitled to import all other items whether canalised or otherwise in accordance with the relevant rule. That I think explains the exposition of the legal position in D. Navinchandra s case (supra). That special feature is not to be found in the imprest licence which figures in the instant case. Here the endorsement made on 18th March 1983 is clear that an importation permitted under AM 82-83 could be negotiated and the imports made thereunder would be valid. That changes in Import Policy are prospective has been held in a number of cases which point has also been considered by a Single Judge of this Court in Writ Petition No. 1809 of 1984 decided on January 9, 1986. Mr. Rege submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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