9911796707
TMI Blog1993 (10) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced a licence. According to the petitioner Uninked Tape imported by the petitioner was utilisable as raw material for manufacturing of Ribbon Cartridges for printers/typewriters. It is submitted that the goods in question were freely importable by reason of paragraph 22 of Chapter V of the Export and Import Policy of 1992-97. 2. The respondents have sought to contend that the goods imported b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the petitioner is unjustified. I say so for the following reasons :- (1) Under paragraph 22 Chapter V of the Export and Import Policy, 1992-97 all raw materials are freely importable except to the extent such imports are regulated by the Negative List. In other words there is a general freedom of import with restrictions carved out of such general provisions. The restriction relied upon by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I paragraph 7(12) and reads as follows :- Consumer Goods means any consumption goods which can directly satisfy human needs without further processing and include consumer durables and accessories, components, parts and spares of such consumer durables. So far as the imported goods are concerned there is no dispute that the goods required further processing. It is not even denied that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e import of compatible rolls (nylon and polyester strip of woven fabric) sized 1 , 1 , 2"". The items appears to be finished product and not raw material as is the case so far as the petitioner is concerned. Therefore, the clarification that the compatible rolls were importable only against a specific import licence would not apply to the petitioner s goods. (3) There is also substance in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the writ application must be allowed. The respondents are directed to assess the bill of entry submitted by the petitioner in respect of the subject consignment and to allow the clearance of the goods upon payment of the customs duty as assessed within 72 hours of the communication of the operative part of the judgment. 5. All parties concerned are to act on a signed copy of the minutes of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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