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TMI Blog1992 (6) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... round that Sr. No. 6 had been deleted from the O.G.L. on 6-10-1990 vide I.T.C. Public Notice No. 83. It was stated that in the show cause notice that the L.C. which expired on 30-10-1990 was valid for shipments upto 15-10-1990 was amended on 27-11-1990 for shipment upto 31-1-1991. It was further alleged that even though the goods were shipped within the validity of period of the amended L.C. the amendment having been effected after the issue of Public Notice No. 83 dated 6-11-1990, amounted to a fresh commitment in terms of paras 204(6) and 224(2) of the Import Policy AM 90-93. On these grounds it was alleged that the import of the goods under OGL in terms of Sr. No. 6 of Appendix 6 was not permissible. 2. In reply to the show cause notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Advocate reiterated his stand that the shipment having been effected on 18-12-1990 and the Letter of Credit opened prior to 6-11-1990 having been revalidated the appellants were permitted to import the moulds in question under OGL in terms of Public Notice No. 84 dated 9-1-1990 and No. 95 dated 23-11-1990. Shri Sridharan further added that on a reference by the Additional Collector, the Deputy Chief Controller of Imports and Exports had confirmed that the moulds imported by the appellants could be deemed as covered by the OGL. He stated that the Joint Chief Controller of Imports and Exports vide his letter dated 14-5-1991 while approving the extension of the Letter of Credit and the period of shipment upto 30-4-1991 had requested the Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or he pleaded for the rejection of the appeal. 5. We have examined the records of the case and considered the submissions made on behalf of both the sides. It is seen that Serial No. 6 of Appendix 6 of the Import Policy for the period AM 90-93 permitting the import of moulds and other specified tools was deleted from the Open General Licence on 6-11-1990 vide ITC Policy Notice No. 83. However, Public Notice No. 95-ITC(PN)/1990 dated 23-11-1990 issued by the Chief Controller of Imports and Exports clarified that pre-ban commitments in respect of items deleted from the OGL vide Public Notice No. 83 of ITC(PN)/1990 dated 6-10-1990 were to be honoured in cases where the imported goods were covered by irrevocable Letter of Credit opened and est ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of Public Notice No. 95-ITC(PN)/90-93 dated 23-11-1990. 7. In order to appreciate the rival contentions it would be desirable to refer to the last para of Public Notice No. 95-ITC(PN)/90-93 dated 23-11-1990 which reproduced below: ".................................................................................................................. The proforma for Chartered Accountant Certificate given in Ministry of Commerce Public Notice No. 84-ITC(PN)/90-93 dated the 9th November, 1990 shall be substituted by the proforma given in Annexure to this Public Notice. The Bills of Entry will be scrutinised by the Chartered Accountant and particulars thereof will be given in the Certificate. The Bills of Entry will not be required to be submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the stipulated period the Letter of Credit expired on 15-10-1990. The first communication by the appellants' Bank to the Foreign Bank extending the Letter of Credit for shipment upto 15-11-1990 was dated 24-10-1990 and thereafter on 27-11-1990 the date of shipment was further extended upto 31-1-1991. The learned counsel for the appellants has relied on the Tribunal decision in the case of Tara Art Printers, New Delhi v. CC, Bombay and Bipin Industries, Kanpur v. CC, Bombay (supra) in support of his contention that in view of the communications dated 24-10-1990 and 27-11-1990 addressed by their Bank to the Foreign Bank extending the date of shipment and the goods having been shipped prior to 31-1-1991, the goods have to be deemed as ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e finding that the goods were covered by the Letter of Credit opened by the appellants on 9-8-1990 and also for the reason that shipment of the goods was effected on 18-12-1990 i.e. within the period of 90 days of 6-11-1990 as required under Public Notice No. 95-ITC(PN)/90-93 dated 23-11-1990, it has to.be held that the disputed moulds were covered by the Open General Licence in terms of ITC Public Notice No. 83 dated 6-11-1990. In this regard, it would be pertinent to mention that in his letter No. IPC/17/39/90/16 dated 2-4-1991, the Deputy Chief Controller of Imports and Exports had also informed the appellants that having regard to the fact that the LC was opened prior to 6-11-1990, its validity and shipment period was being extended upt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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