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        Case ID :

        1983 (12) TMI 318 - HC - Customs

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        Quota certificate for motor vehicle parts did not cover tractor spare parts under the revised import policy. A quota certificate for motor vehicle parts did not entitle the holder to an import licence for spare parts of crawler and agricultural tractors under the ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                              Quota certificate for motor vehicle parts did not cover tractor spare parts under the revised import policy.

                              A quota certificate for motor vehicle parts did not entitle the holder to an import licence for spare parts of crawler and agricultural tractors under the revised import policy, because the grouping of items under one heading did not merge their separate identities. The policy in Appendix 26 confined a quota licence for motor vehicle parts to that category alone and did not extend it to tractor spare parts. An earlier licence said to have been issued for petrol, gas and kerosene engine parts was treated as a departmental mistake and could not create a general entitlement under the import policy. The claimed licence was therefore refused.




                              Issues: Whether a quota certificate for motor vehicle parts entitled the petitioner to an import licence for spare parts of crawler and agricultural tractors under the revised import policy, and whether an earlier licence allegedly granted by mistake could support such a claim.

                              Analysis: The revised import schedule grouped several items under one heading, but the identity of each item remained distinct. A quota certificate for one item did not authorise import of another item merely because both were placed under the same heading. The detailed policy in Appendix 26 showed that a quota licence for motor vehicle parts was confined to motor vehicle parts and did not extend to spare parts of crawler and agricultural tractors. The earlier licence said to have been granted for petrol, gas and kerosene engine parts was treated as a departmental mistake and could not be used to establish a general entitlement under the import policy.

                              Conclusion: The petitioner was not entitled to the claimed import licence, and the writ petition failed.


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