TaxTMI 
TaxTMI 
1989 (2) TMI 199
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....rade announced through public notice No. 196-ITC (PN)/69, dated 8th December, 1969 a scheme for registration of contracts involving deliveries extending over a period of not less than 12 months for cash assistance, hereinafter referred to as 'the scheme'. The Government decided to extend the scope of the scheme as was announced by letter No. 12(22/67-EAC), dated 4th February, 1970, hereinafter referred to as 'the 1970 scheme', stating inter alia, in paragraph 3 that the registered exporter of export products under a contract involving deliveries extending over a period of not less than 12 months, registered by the banks in terms of paragraph 3 of the public notice dated 8th December, 1969 will be eligible for claiming cash assistance at the....
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....to the effect that an additional cash assistance of 5% of the f.o.b. value will be allowed on all exports made to North American and South American countries and to New Zealand and these facilities of normal cash assistance and additional cash assistance will be allowed on exports effected during the period from 1-4-1972 to 30-9-1972, the later date being included. By letter No. 12(13)/73-EAC, dated 16th June, 1973 referring to Amendment No. 59 it was announced that cash assistance on transmission towers will be made admissible on exports thereof made during the period from 1st October, 1972 up to and including 31st March, 1973 at the rate of 25% of the f.o.b. value. 3. The appellant is a company registered or deemed to be registered und....
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....nt to the other two contracts and instead demanded refund of aforesaid Rs. 3,48,555 already received by the appellant. By letter dated 10-3-1975 to the appellant the Controller of Imports and Exports informed that the exports made during the extended delivery period of the contract were not covered under the provisions of paras 56-64 of Part B of Import Trade Control Policy Volume-II, April, 1972-March, 1973 and as such no cash assistance could be granted on exports made after March, 1974. 4. The Deputy Chief Controller of Imports and Exports rejecting, the appellant's appeal vide his letter dated 30-6-1976 informed the appellant that the benefit of registration on export in execution of the supplementary contract was additional quantity....
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....e two concerned contracts namely No. 2-B and 3 were admittedly made after July 1974, though in case of contract No. 2-B the date of offer was 31-8-1972 and the date of acceptance was 27-10-1972 and the date of registration 13-11-1972, and in the case of contract No. 3 date of offer was 28-4-1973 and date of acceptance was 5-6-1973 and date of registration was 15-6-1973. 6. Learned counsel for the appellant, Mr. S.K. Dholakia, first, submits, that the appellants are entitled to cash assistance, in respect of these two contracts also inasmuch as the scheme of registration of contracts for cash assistance dated 8th December, 1969 as also that of 4th February, 1970 were not time-bound and did not prescribe any period for export to be eligibl....
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....eat the very purpose of the scheme. 7. Mr. C.V. Subba Rao learned counsel for the respondents demurs submitting that it could not be said that once the contracts were registered cash assistance would be available irrespective of the date of the exports. 8. We are inclined to agree with this submission. Paragraph 10 of the scheme dated 4th February, 1970 reads : "Cash assistance is sometimes announced upto a specified date. Exports effected after the specified date even though the contract has been got registered in terms of the provision of this letter will not be eligible for cash assistance." This paragraph made it quite clear that exports effected after the specified date would not be eligible for cash assistance. Consistentl....