1990 (1) TMI 171

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....the same by giving an option to appellants to redeem the same on a redemption fine of Rs. 50, 000/- (Rupees fifty thousand) only. 2. The brief facts of the case are that the appellants imported two consignments of components of Zip Fasteners viz., "Slider" (Zinc Die Cast Raw 'KKK') as per the particulars given herein below: B/E IGM No. & Date Invoice No. BILL of Lading No. Vessels's Name Assessable Value Rs. Duty Cash No. Redemption Fine Rs. 412/ 83 Line No. 112,1. 23-6-1983 83051 E 161/20-5-1983 KBCA - 0010, 27-5-1983 CARA- CAS MARU 103589.74 I-713 12-8-1983 50, 000/- 490/83 Line No.2. 114 83061 E 196/15-6-1983 L-11/18-6-1983 VISHVA KARUNA 103589.74 Goods not yet cleared 50, 000/-  The appellants claimed the cle....

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....e learned Collector of Customs granted personal hearing to the appellants and the appellants contended that Para 255(3) of AM-84 Policy refers only to licences issued during the Import Policy for the period April-1982 - March-1983 and, therefore, the restrictions/limitations of the said para-255(3) are not applicable to the licence produced which was issued during the Import Policy for the period April-1981 - March-1982. They also contended that since the licence was issued during the AM-82 Policy period the same is valid to cover the import of goods under OGL in terms of Para-186(7) of AM-82 Policy. 5. The appellants have also contended that in spite of their aforesaid submissions, the Collector held that the licence produced by them was ....

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....nded that the conclusion of the learned Collector that endorsement of the licensing authority while revalidating the licence restricted the scope of the licence to only those items which appear in Appendix 5 and 7 of the Import Policy Book of 1982-83, excluding those appearing in Appendix 26 is not sustainable and is liable to be set aside. It was his contention that the licence has been subject to only one of the provisions contained in the said Para-231(l) of AM-83 Policy and as regards the other benefit or rights arising out of the said additional licence, the same will continue to be available to licensee and that the respondent cannot derogate such benefits and rights available to the appellant. It was his contention that Para 255(3) w....

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....he extended period of validity of licence will be governed by the endorsement made during the revalidation and its scope cannot be extended further. It was further contended that in the present case the shipment was made during the normal validity of the licence or if the revalidation was made without any condition. Alternatively, it was further contended that even assuming that Para-186(7) of AM 82 Policy Book is applicable, the goods will not be covered by the licence in view of Para 255 (3) of the 1983-84 Policy which is to the effect that the additional licence held by export or trading houses will cease to be valid for import of any item which could be imported under OGL during 1982-83 but is no longer so in the Import Policy of 1983-8....