TaxTMI 
TaxTMI 
TaxTMI 
1995 (4) TMI 63
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.... notice claiming that white cement was not importable under Open General Licence since it was a canalised item under Appendix 5 Part B Serial No. 8 of the Import and Export Policy for April 1984-March 1985. The show-cause notice was challenged by the appellants by filing writ petitions in the High Court. 2.Pursuant to an interim order passed in the writ petitions, the appellants were allowed to clear the goods on furnishing a bank guarantee of a nationalised bank for 35% of the C.I.F. value of the goods imported as also an I.T.C. bond for the full C.I.F. value. The appellants also gave an undertaking that in the event of failing in the petition, they will pay interest on the amount covered by the I.T.C. bond at 15%. They also gave certain ....
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.... the interpretation of the policy. Paragraph 242(f) provides, "Any item in Appendices 2 to 5 or 8 with a specific or a generic description, will preclude the eligibility to its import under Open General Licence, except where the policy allows this clearly". Appendix 5 Part B Serial No. 8 covers the following : Cement including Clinker :-"8. In the case of cement including clinker, the import will be made only by the State Trading Corporation of India (STC), under Open General Licence on the basis of foreign exchange released by the Government in its favour, imports, distribution, and pricing will be made by the STC as per the connected policy of Government in the Ministry of Industry." 5.We have to consider whether this item would cover ....
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....licy of the Government in the Ministry of Industry is, therefore, directly relevant for the purpose of interpreting this item. In this connection, the Central Government has made an order called the Imported Cement Control Order, 1978. In Clause 2(a) of the Order `cement' is defined as follows : "2(a) : `Cement' means any variety of cement imported into India but does not include oil-well cement and white cement and coloured cement (other than grey portland cement)." This definition of cement excludes white cement from the purview of the Order. Under Clause 2(c) `agent' is defined to mean the State Trading Corporation of India or any person who acquires cement from the State Trading Corporation of India. This Order, therefore, has a direc....
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....ng of both these would clearly show that white cement was not considered as a canalised item under the said entry. The appellants have also relied upon a Press Note issued by the Government of India, Ministry of Industry dated 27th February, 1982 which also refers, inter alia, to the import of ordinary portland cement by the State Trading Corporation and makes no reference to the import of white cement. 9.The appellants have also drawn our attention to the composition of white cement which is different from ordinary portland cement. Properties of white cement are also somewhat different from those of ordinary portland cement. In commercial parlance, white cement is considered as a different commercial commodity. It is submitted before us t....