9911796707
TMI Blog2000 (10) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... 986 with an 18 month validity period. The validity of the licence was to expire on 31st August, 1988. The Custom House, believing that the bill of lading was not issued on 30th August, 1988, made enquiries and found that the carrying vessel called Dar Es Salaam, the port of lading only on 3rd October, 1988. The Custom House therefore concluded that the goods were shipped, in terms of paragraph 82 of the Import Policy for the relevant period only in October, 1988 and that therefore the benefit of the licences (and consequently the notification) was not available to the goods. The Collector, and the adjudicating authority after hearing the representative of the importer (written notice to show cause apparently having been waived) noted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arisen, the department does not take steps to remedy them despite being put them adequate notice, it is reasonable to conclude that it does not propose to do anything about these shortcomings. We cannot keep the matter pending indefinitely. On the previous date of hearing on 14-7-2000 we made this position clear to the departmental representative giving him one final opportunity. Nothing appears to have been done between that date and today. Therefore, having heard both sides we proceed to pass the order. 3. We have already set out the facts above. The only ground in the department s appeal is that the provisions of paragraph 86 of the Policy provide that the validity of an import licence is to be decided with reference to the date of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the import is from land locked countries it is the date of despatch of goods by the rail or road or other recognised mode of transport to the consignee or through consignment basis that will be taken to be the date of shipment. Paragraph 86(1) says that the validity of the import licence is decided with regard to the date of actual shipment/despatch (emphasis ours) of the goods from supplying country and not the date of arrival of the goods at an Indian port . It is this paragraph on which the appeal relies. 5. It could be argued that the provisions of paragraph 86(1) merely emphasise that, for considering the validity of the licence it is not the date of arrival of the goods that is to be considered but the date of their shipment. Parag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ex are not known nor is the departmental representative is able produce a copy. It is reasonable to conclude that the telex would be on the basis of information that the Collector has indicated to the licensing authority for obtaining clarification as to how the date of shipment should be reckoned. The telex from the licensing authority therefore would be in the nature of a clarification of this matter. The clarification from the licensing authority is binding and final as provided in paragraph 24 of the relevant policy. The Collector, appears to us to have acted upon the clarification provided by the Chief Controller of Imports Exports. It is to be noted that the appeal itself does not question the authority of the licensing authority to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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