9911796707
TMI Blog1995 (1) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ity view, after reference to the third member, against divergent views held by two members of the Bench vide Order No. 1562-65/92-WRB, dated 7-10-1992, in Appeal C/498/88. 2. The facts relevant for the purpose of the present application are, that the Respondent Importer was holding an Export House Additional Licence, issued during the policy period AM 1982-83 with endorsement in terms of Para 186 of the Policy Book for the said period, and as such, they were entitled to import items appearing under Open General Licence. When the said licence was issued Cita Stearyl Alchohol was one of the items importable under OGL. On announcement of the Policy for the year 1982-83 AM announced on 15-4-1983, also the same continued to figure under OGL, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of this Bench (both of single members) in Collector of Customs v. Babubhai Patel Co. (Order No. 1190/86-WRB, dated 13-11-1986) and Vardhan Silk Mills v. Collector of Customs - 1992 (41) ECR [739]. When the appeal was taken up for hearing one of the Members (Member Technical) while discussing the issue (Paras 19-21), referred to the decision of the Supreme Court in Barnagara Jute Factory v. Inspector of Central Excise, 1992 (57) E.L.T. 3 (S.C.), and concluded that in case of legislation by reference, where continuity was sought to be given, the referred legislation would apply even in its amended form, and held that the policy as amended was required to be considered, and relied upon the decisions of the Supreme Court in Rajprakash Chemi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appeal was allowed. 3. Some other issues were also involved in the appeal, but they are not material for the purpose of this application. 4. The department now seeks reference to the High Court on the following two questions :- (i) Whether Cita Stearyl Alchohol can be construed to be Cetyl or Stearyl Alchohol i.e. C-16 or C-18 when the policy has specified only Cetyl and Stearyl Alchohols separately. (ii) Whether items importable under open general licence against the additional import licence issued during the earlier policy and continued to be importable even on the date of announcement of the specific policy would be affected by an amendment brought out subsequently through a public notice, by deletion of the item from open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions similar to those contained in Para 255 of the Policy Book AM 1983-84 were not required to be considered. He also pleads that the decision of the Bombay High Court in Re : American Dry Fruits Stores, would still remain applicable, and as such there is no issue which need be referred to the High Court. 7. Considering the submissions made, it is an undisputed position that two members constituting the Bench have differed on the issue of interpretation of the Policy provision and the applicability of the amendment in the policy provisions by issuance of Public Notice, as also proper interpretation of the provisions of para 255(3) of the Policy Book AM 1983-84. Though it is apparent that the view expressed by the Bombay High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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