9911796707
TMI Blog1993 (10) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenged the said circular as well as the refusal on the part of the respondent authorities to release raw silk imported by the petitioners under REP Licences/Exim Scrips. 2. It is the case of the petitioners that under the Import and Export Policy 1990-93 raw silk was allowed to be imported under REP Licences/Exim Scrips by virtue of paragraph 192 of Chapter XV of the Import and Export Policy. That paragraph declared that REP Licences/Exim Scrips are also valid for import of any other items of raw materials, components, tools, consumables and packing materials listed in Appendices 3 and 5, Part A. It is not in dispute that raw silk was included in Appendix 5, Part A of the Import and Export Policy 1990-93. 3. On 1st April, 1992, a new ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Exports Policy, 1990-93 Raw Silk was allowed to be imported under REP Licences/Exim Scrips by virtue of the paragraph 192 of Imports and Exports Policy, 1990-93. REP Licences/Exim Scrips were issued to exporters as export incentives and were freely transferable. 9. New Policy 1992-97 came in before expiry of Policy 1990-93. As indicated earlier the new policy provided that licences issued before commencement of new policy shall continue to be valid for import/export of the items permitted therein. 10. In our view, the respondent cannot refuse to release the subject goods on the plea of the amendment or clarification by the impugned circular. The petitioners had a vested right to import goods in terms of the Exim Scrips/REP Licences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions or circulars. Law is what is declared by this Court and the High Court to wit, it is for this Court and the High Court to declare what does a particular provision of statute say, and not for the executive. Of course, the Parliament/Legislature never speaks or explains what does a provision enacted by it mean. (See Sanjeev Coke Manufacturing Company v. M/s. Bharat Coking Coal Ltd. and Another - AIR 1983 SC 239)." 13. The clarification which is purported to have been made by the Circular is as follows :- Attention is invited to the scheme for issue of Exim Scrip (REP licences) during 1990-93 Policy Book. 2. A Clarification has been sought about the importability of items which were covered by Appendix 3 and 5 Part A of the Import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners had acted to their detriment of such representation by entering into contracts and/or by purchasing the licences. 17. The Division Bench of this Court has held in Sandip Agarwal v. Collector of Customs, reported in 1992 (62) E.L.T. 528 that impugned clarification and/or notice is no statutory force as against licences which have statutory force and issued under the Import Control Act. By impugned circular right under the licences cannot be taken away. 18. In the Import and Export Policy 1990-93 import of silk was mentioned in Appendix 5 Fart A and the same was allowed to be imported on REP licence/Exim Scrips. In this connection paragraph 192 (1) of Import and Export Policy 1990-93 is set out herein below. 192(1) REP li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional arrangement was made for the licences issued before the commencement of the Exports and Imports Policy, 1992-1997. The transitional arrangements were required for the reasons that the traders who had purchased the REP licences/Exim Scrips from the market and/or exporters who have exported the goods considering the premium on REP licences/Exim Scrips while settling the price will suffer irreparable loss and injury if the REP licences/Exim scrips issued prior to the present existing policy were set at naught. 22. Considering the aforesaid situations, the Chapter 1 of the Exports and Imports Policy 1992-97, it was stipulated that licences issued before the commencement of the new policy shall continue to be valid for import/export of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
