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TMI Blog2019 (5) TMI 1477X X X X Extracts X X X X X X X X Extracts X X X X ..... ny the exemption only because the period of one year in terms of the said notification for completing the import has already been crossed. Had the Petitioner been issued a proper clarification in reasonable time then it could have completed the exercise by now. It is directed that subject to the Petitioner ensuring that the actual import of the gold/silver extracted from the CAS that was exported on 10th October 2017 is now completed within 60 days from today and in any event not later than 31st July 2019, the Respondents will take a decision on whether the Petitioner should be granted exemption in terms of notification No.25/2001-Cus. - Petition disposed off. - W.P.(C) 11210/2018 & CM APPL. 43547/2018 (stay) - - - Dated:- 22-5-2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y at Tuticorin in Tamil Nadu and another with a refinery at Silvassa in Dadar Nagar, Haveli. It is stated that at Tuticorin, the Petitioner is primarily engaged in manufacturing copper anodes by the process of smelting copper concentrate, imported from outside India. 4. During the process of electrolytic refining the copper anodes are put into a solution of copper sulphate and sulphuric acid and highly pure Copper Cathodes are obtained. It is stated that at the anode, precious metals such as gold silver and non-metals and rare elements settle to the bottom of the electrolytic cell as Copper Anode Slime (CAS). This CAS contains traces of gold, silver, selenium and rare elements. Since the Petitioner does not have requisite f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ology to be followed at the time of export of copper anode slime and import of gold/silver in this regard; and c. To confirm about the RBI approval for import of gold/silver in this regard. 7. The petition then refers to the correspondence between the Petitioner and the Respondents regarding the clarifications sought by the Petitioner time and again to enable it to avail of the exemption under the above Notification. The Petitioner states that in light of the fact that the period of limitation under the notification was going to expire on 9th October 2018 it again called upon Respondent No.2 to issue the requisite clarification. Having received no response the present petition was filed on 9th October 2018. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime, as is sought by the petitioner is not necessary. The Court then directed the RBI to clarify the position by filing an additional affidavit. 12. Pursuant thereto the RBI has filed an additional affidavit on 30th April 2019 categorically stating that its permission for the import of gold after processing of CAS is not necessary . 13. With the above affidavit of the RBI one of the aspects on which clarification was sought from the CBIC does not survive. It is now made clear that no permission of the RBI is required. 14. Mr. Sandeep Sethi, learned senior counsel appearing for the Petitioner, states that the Petitioner s case for exemption from payment of customs duty on the imported gold/silver in terms of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he exemption only because the period of one year in terms of the said notification for completing the import has already been crossed. Had the Petitioner been issued a proper clarification in reasonable time then it could have completed the exercise by now. 17. In that view of the matter it is directed that subject to the Petitioner ensuring that the actual import of the gold/silver extracted from the CAS that was exported on 10th October 2017 is now completed within 60 days from today and in any event not later than 31st July 2019, the Respondents will take a decision on whether the Petitioner should be granted exemption in terms of notification No.25/2001-Cus. It is clarified that the Respondents will not reject the request of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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