1995 (2) TMI 170

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....raman, Member (T)]. - This is an appeal against the Order-in-Original No. S/10-55/90 Gr. II, dated 9-8-1990 ordering confiscation of a consignment of hydraulic cylinder valued at Rs. 15.77 lakhs, which was sought to be cleared against 38 REP licences endorsed with the flexibility provisions contained in Paras 175 and 177 of AM 1988-1991 Policy. The objection was taken by the department on the gr....

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....tem in the policy against Para 6(16) of the Policy. According to this definition, an item will count as one, even if it may be used in various sizes and specifications e.g. ball and roller bearings can be treated as a single item. Secondly, the value limit for a single item will apply for a single entry, wherever there is no surplus provision thereunder. He pleads that Para 177(i) does not specifi....

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....articular licence only. It cannot be envisaged that the different REP licences, floating in the market, are sought to be clubbed together for import of a single item. Such an interpretation is not rational. It has to be read in the context of a single licence. Moreover, in this case even the value of the single item has exceeded Rs. 10 lakhs. In the circumstances the order of confiscation on merit....