1998 (11) TMI 129 - HC - Customs

Court rules in favor of petitioner in transferable licence case, emphasizing rights of transferee

The court ruled in favor of the petitioner, who held transferable advance licences for importing stainless steel sheets. The petitioner, after fulfilling ... Import - REP licence Issues:1. Interpretation of import licences and their transferability.2. Discrepancy in goods imported and licence specifications.3. Requirement to establish nexus between import and export products.4. Application of import-export policy on thickness specifications.5. Jurisdiction of customs authorities in assessing import clearance.6. Legal implications of transferable import licences.7. Obligation to establish nexus post discharge of export obligation.Analysis:1. The judgment addresses the petitioner's purchase of transferable advance licences for importing stainless steel sheets. The licences were transferred to the petitioner after fulfilling export obligations and obtaining necessary endorsements, making the petitioner the valid licence holder for importation.2. The petitioner faced challenges when attempting to clear a partial shipment of imported goods due to a discrepancy in thickness specifications not mentioned in the licences. Customs authorities demanded proof of nexus between the imported goods and licence specifications, leading to a dispute over clearance.3. The court considered the necessity of establishing a nexus between the imported and exported products, especially regarding thickness specifications. The petitioner argued that post-discharge of export obligations by the original licensee, the petitioner, as a transferee, was not obligated to prove the nexus.4. The judgment delves into the evolution of import-export policies concerning thickness specifications for steel products. The court examined the application of policy revisions and public notices regarding the necessity of verifying thickness, emphasizing the importance of adhering to policy guidelines.5. The jurisdiction of customs authorities in assessing import clearance based on licence specifications was a key issue. The court scrutinized the legality of the authorities' demands and the petitioner's compliance with import regulations, highlighting the need for proper assessment in accordance with the law.6. The legal implications of transferable import licences were discussed, focusing on the petitioner's rights and obligations as a transferee. The court analyzed the petitioner's position in relation to the original licensee's responsibilities and the implications of transferring licences under duty exemption schemes.7. Ultimately, the judgment emphasized that once the export obligations were fulfilled and the licences were transferred, the petitioner was not bound to establish a nexus between the import and export products. The court referenced a relevant Bombay High Court judgment to support the petitioner's position, leading to the allowance of the writ petitions without costs.