Import of fax machines against Exim scrip required reconsideration after a material licensing clarification on policy scope.

Import of fax machines against Exim scrip under the amended Import and Export Policy 1990-93 depended on para 124A and a later licensing clarification. The clarification stated that fax machines could be imported against own or acquired Exim scrip without a separate licence, subject to Actual User conditions. Because that clarification was material to construing the policy and had not been considered by the original authority, the matter was sent back for de novo reconsideration with a fresh hearing after taking the clarification and other relevant factors into account.

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Issues: Whether the denial of import of fax machines against Exim scrip under the amended Import and Export Policy 1990-93, particularly para 124A introduced by Public Notice No. 240-ITC(PN)/90-93 dated 31-10-1991, required fresh examination in light of the licensing authority's clarification.

Analysis: The dispute turned on the scope of para 124A governing import of office machines and fax machines against Exim scrip. The original adjudication proceeded without the later clarification from the licensing authority, which stated that fax machines could be imported against own or acquired Exim scrip without a separate licence, subject to Actual User conditions. Since that clarification was material to the construction of the policy and the lower authority had not considered it, the matter required reconsideration on a fuller factual and legal basis.

Conclusion: The issue was remanded to the lower authority for de novo consideration after taking into account the licensing clarification and other relevant factors, with a fresh opportunity of hearing to the appellants.

Ratio Decidendi: A policy-based import dispute must be reconsidered where a material licensing clarification bearing on the scope of the governing import policy was not available to or considered by the adjudicating authority.

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