TaxTMI 
TaxTMI 
2010 (4) TMI 696
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....ragraph 2 in paragraph 197 of Import and Export Policy, April 1990, March 1993 Volume I, Subject to such conditions as may be prescribed by the Government. The conditions stipulated that they should export in the subsequent 4 years about 3 times the CIF value of the capital goods, for which a legal agreement and a bond towards the exempted duty has to be executed by the importer to the Director General of Foreign Trade/3rd respondent herein, the licensing authority as per Paragraph 196 and 197 of the Handbook of Procedures April 1990-March 1993 Volume I. The petitioner's company, by application dated 20-8-1990, applied for 2 nos. of auto-coner, 2 nos. of toyoda-comber, 2 nos. of cherry combers amounting to 6 nos. and by another application dated 17-9-1990, the petitioner's company applied for another 2 nos. of Toyoda comber and 2 nos. of Cherry combers. The total value of 10 nos. of machineries was about Rs. 187.30 lakhs. But, the Director General of Foreign Trade/3rd respondent herein, without looking into the public notice dated 7-9-1990, rejected the petitioner's application for import license by two letters dated 15-11-1990. But, in the meanwhile, anticipating the grant ....
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....above said writ petitions. (a) The petitioner shall pay the admitted duty in cash. (b) The petitioner shall also pay 50% of the differential duty in cash. (c) The petitioner shall furnish a Bank Guarantee for the balance 50% of the differential duty. 4. As per the order passed by this court in W.P. Nos. 2859, 2860 and 2924 of 1991, the petitioner remitted the admitted duty amount of 25% Ad valorem duty and 50% of the differential duty and furnished the Bank guarantee for the balance 50% of the differential duty. The Bank Guarantees were accepted by the Assistant Commissioner of Customs/5th respondent herein on 21-3-1991 and two combers in Bill of Entry No. 05983 dated 15-2-1991, 2 combers in Bill of Entry No. 05988 dated 15-2-1991 and 4 combers in Bill of Entry No. 008173, dated 28-3-1991, were cleared by the Customs authorities on 22-3-1991. In the meanwhile, M/s. Canara Bank demanded the petitioner's company to pay 100% cash margin towards the bank guarantee given by them to the Customs Department due to financial crisis. Therefore, the petitioner's company paid the customs duty towards bank guarante....
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.... Licence, as the licence under 25% duty scheme as per the policy prevailing, during 1990-91 cannot be issued under the current policy. Challenging the rejection order, the present writ petition has been filed on the ground that there was total non-application of mind by the 3rd respondent in rejecting the original Import Applications dated 20-8-1990 and 17-9-1990, on 15-11-1990 by ignoring the Public Notice No. 59/ITC (PN) 90-93, dated 7-9-1990. 5. Learned counsel appearing for the petitioner submits that when all the conditions under paragraph 197 of the Import Policy towards export and the Notification No. 169/90-Cus., dated 3-5-1990 were fully satisfied with by the petitioner, the Director General of Foreign Trade/3rd respondent herein took up the matter for regularising the import of machineries as directed by this Court in W.P. No. 2243 of 1991 dated 9-11-1998. But, the Director General of Foreign Trade/3rd respondent herein has got no authority to refuse regularising the import by the petitioner under paragraph 197 of the Import Policy, particularly, when this Court directed the 3rd respondent to consider the same with reference to Public Notice No. 59/ITC (PN) 90-93 da....
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....concession facility was extended to manufacturers, who do not fulfill past 3 years export performance criteria. But, in the petitioner's case, not only number of years of export performance was not fulfilled, but also in view of their meagre exports only during one year at the time of submitting their application for issue of EPCG licence for a large value, was considered on the basis of the order passed by this Court in W.P. No. 2243 of 1991, dated 9-11-1998. Keeping in view the policy provisions including the Public Notice No. 59 dated 7-9-1990 in pursuant to the order passed by this Court, wherein direction has been given to pass orders afresh and not to regularise the imports effected without a valid licence issued under EPCG Scheme. The petitioner company, by importing the goods, cleared the items by payment of duty to the Customs without a license issued to that effect by the licensing authority. Therefore, the question of export obligation upon the union of India comes into picture only when a licence is issued to the petitioner company as per the eligibility. When the petitioner's company is not eligible for not meeting the conditions as per the existing policy, the same ca....