2006 (9) TMI 182

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....ember 2000 rendered by the Division Bench of the High Court of Judicature at Madras in Writ Appeal Nos. 1554 and 1555 of 2000 whereby the Division Bench has confirmed the decision of the Single Judge dated 6th July, 2000 in WP Nos. 11544 and 11545 of 1993. 2.Briefly stated the facts giving rise to the present appeals are : 3.Paragraph 197 of the Import and Export Policy for April 1990 - March 1....

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....cy and relaxed the requirement of three years' experience for issuance of a licence under the said paragraph stating that the people who do not have three years' experience can also apply for a licence. 5.Pursuant to the aforesaid relaxation, the assessee-appellant made an application on 6th November, 1990 for the import ot capital goods with export obligation under paragraph 197 of the EXIM Poli....

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....s. subiect to the payment of 50% of the differential duty in cash and furnishing of bank guarantee for the balance amount of 50%. In pursuance to the aforesaid interim order passed by the High Court, the appellant cleared the goods under paragraph 197 on 17th of August, 1991. 8.The assessee was issued the Import licence on 15th of January, 1992, i.e., during the pendency of the afore-mentioned wr....

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....PARA 197 SHALL NOT BE VALID IN CASE THE GOODS HAVE ALREADY BEEN CLEARED BY THE CUSTOMS OR BILL OF ENTRY HAS BEEN FILLED PRIOR TO 3-5-1990" benefit of paragraph 197 was not available to the assessee, as the goods had been cleared prior to the grant of licence. 12.The assessee thereafter filed the Writ Petition Nos. 11544 and 11545 of 1993 in the High Court of Madras challenging the afore-quoted c....