9911796707
TMI Blog2006 (8) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... r>Justice Syed Shah Mohammed Quadri, Chairman, Shri Somnath Pal and Dr. B.A. Agrawal, Members [Ruling per : Somnath Pal, Member]. - The applicant, who is setting up a joint venture with non-resident M/s. Uniexcel Ltd., Far East International Plaza, Room No. 1206, No. 83, Loup Shah Guan Rd., Changning District New Town Centre, Shanghai, China-200336, has filed this application seeking advance ruling on three questions. In Annexure-I to the application, the applicant has stated that the non-resident is interested in setting up a knitting/textile unit in India and for this purpose he is interested in having a joint venture with the applicant who is a resident in India. The proposed unit requires consumption of wool as raw material and therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty free import under notification No. 38/96? (c) Is there any limitation under these notifications regarding the actual user of the goods so imported. Means, if we import duty free wool from these stations, can we sell the surplus in open market, if so desired?" 2. In his comments, the Commissioner has however, contended that the benefit of exemption Notification No. 38/96 is not admissible to the applicant who intends to import the wool as raw material for a knitting/textile unit. In support of his submission, the Commissioner has referred to para 2.13 of the Foreign Trade Policy, 2004-09, ITC Public Notice No. 33/92-97, dated 17-7-92 and ITC Public Notice No. 5/92-97(PN), dated 20-7-92 regulating the border trade across Indo-China ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue of whether the applicant is entitled to import through the notified Land Customs Stations and along the specific land routes from China. He has then read this aspect into the exemption Notification No. 38/96 without touching the question of general applicability of this Notification per se. Since the applicant has agreed and rightly so, to drop the question (a) being outside the jurisdiction of this Authority, we do not see any necessity to express our views on the submissions of the Commissioner. 5. On a plain reading of the exemption Notification No. 38/96, it is clear that this has been issued by the Central Government in exercise of the powers granted to it under Section 25(1) of the Customs Act, 1962, exempting the goods specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported into India from China through Gunji in Pithoragarh District of Uttar Pradesh along the Gunji Pulan (Tibet) land route or through Village Namgaya Shipkila in Kinnaur District of H.P. along the Namgaya-Shipkila-Shipki-Jui Jiuba land route. No other condition has been laid down in so far as (g) in column (2) of the Table is concerned. The Central Government has been given the power to issue general exemption by notification under Section 25(1) of the Customs Act if it is satisfied that it is necessary in the public interest so to do. Such exemption is in respect of the goods of any specified description and can either be absolute or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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