9911796707
TMI Blog1997 (1) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... ropylene granules. The licencee was required to export a specified quantity of processed/preserved and frozen fish products, packed in packing materials made of these goods. The licence was subsequently allowed to be transferred on the ground that licencee had fulfilled its export obligation and was purchased by M/s. Garware Wall Ropes Ltd., the appellant. The licence was subsequently amended to include some other items, among them fishing nets/raw material. The value was also enhanced. 2. The appellant imported a consignment of polypropylene and claimed clearance against this licence and certificate. Notice was issued on two grounds. The first was that the goods exported were not marine products. The second was on the basis that the amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he polypropylene can be used to manufacture fishing nets also, and a certificate from the Indian Institute of Technology, Mumbai to the same effect. This certificate issued by the Head of the Department of Chemical Engineering first describes the technical values of the polypropylene LY 6100; it then says The above values tally with the designation BP-HY-95 030 of the Indian Standard No. 10951 - 1984, which is used for films. However, this material can be used for manufacture of fibres/yarn/filament etc. which can be used for fishing nets. 4. The Departmental Representative s contention that the certificates should not be relied upon because they have been given by interested parties, [citing the decision of the Supreme Court in Novopan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the licence is that it shall be subject to the conditions in force, as described in the relevant Import Trade Control Policy Book or any amendment upto and including the date of the licence. On the date of issue of the licence, the import-export norms prevailing did not mention polypropylene of fibre grade. In the absence of anything to this effect, the view of the Commissioner and the contention of the Departmental Representative, that the norms specified in the policy in force in 1995 must be applied cannot be accepted. It would have been a different matter if the amended licence had incorporated such a condition. It did not do so and we cannot presume that this condition was intended to be incorporated. On the contrary, the fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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