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TMI Blog1983 (12) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... of the same, the petitioner secured from time to time import licences and quota certificates enabling him to import into India various goods in accordance with the policy laid down by the Government. The petitioner was holding eleven quota certificates of the aggregate value of ₹ 8,38,45/- in the year 1977. The quota certificates were for import of items covered under Serial Nos. 293, 295 and 297 of Part IV, Section IV of Import Trade Control Policy for the year April 1976-March, 1977. The subject under these three items was Motor Vehicle Parts . 2. The Import Trade Control Policy for the period commencing from April 1977 to March 1978 grouped items of motor vehicle parts under the heading Chassis fitted with engines, bodies ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actors and for tractor drawn agricultural implements mentioned in Appendix 4-D, Part II. (4) Import of banned types of ball, roller tapered, roler and needle roller bearings, bushes, cages, needle roller assemblies mentioned in Appendix 14 and rollers/needle rollers mentioned in remarks column against Heading 84.62(5) will not be allowed as spares or as CKD parts. (5) Import of any types of agricultural steel disc will not be permitted. (6) Parts of Hydraulic Lifts which form an integral built up mechanism of tractors will be classified as spare parts of the tractors. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evision application against this order before the Ministry of Commerce, Civil Supplies and Co-operation, but by communication dated February 21, 1979, the petitioner was informed that the decision already communicated by the Joint Chief Controller of Imports and Exports, Bombay, cannot be revised. The petitioner has thereafter approached this Court by filing this petition under Article 226 of the Constitution of India. 4. Shri Desai, learned counsel appearing on behalf of the petitioner, raised two contentions to claim that the petitioner is entitled to the grant of licence for importing spare parts of crawler/agricultural tractors and for tractor drawn agricultural implements. The first submission of the learned counsel is that though t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is impossible to conclude from this fact that the person holding an import quota certificate in respect of one item can claim licence in respect of other item. Shri Desai relied upon certain observations in the preface to the Import Policy of April 1977-March 1978, and claimed that the Government s policy was to liberalise and simplify the import of the goods. Paragraph 8 of the preface reads as under: Presentation of the policy in this book is different from earlier books in certain respects. The presentation in Section II relating to policy for individual items has been completely revised in order to adopt the revised ITC classification based on BTN classification. Various appendices have been re-arranged. Their number has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) Bolts, nuts, screws, spacers and washers (except Bi-metallic Thrust Washers). ... 3% (iii) Garage tools detailed in Appendix 10 of this book and parts thereof. ... 4% Paragraph 10 of this Appendix 26 provides that the licences issued for RITO Serial No. 87.04/06 will not be valid for the import of certain items. Reading these two paragraphs together, it does appear that the Government policy or the intention of the Government was that the quota licence issued for import of motor vehicle parts is valid only for motor vehicle parts and not other items, like spare parts of crawler and agricultural tractors. In my judgment, the claim of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l urged that the Department by interpreting the import policy to mean that the importer would be entitled to secure the licence for any of the items covered under the heading internal combustion piston engines granted the licence to the petitioner for import of parts of petrol, gas and kerosene engines. It was urged that this action on the part of the Department would establish that the Department has also understood the new import policy of April 1977 to mean that the importer is entitled to apply for licence for any of the items falling under a particular heading. In answer to this submission, Shri R.V. Desai, learned counsel appearing on behalf of the respondents, relied upon the averments in paragraph 6 of the return dated February 7, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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