Document Fragment View
Fragment Information
Showing contexts for: intermediate component in Shri Hari Exports vs Director General Of Foreign Trade on 27 May, 1994Matching Fragments
17A. Another benefit is found in para 120 of Hand Book of Procedures :
"The license granted under this scheme shall be subject to Actual User condition till redemption of BG/LUT. The Advance license holder may, however, transfer the duty free imported materials to his supporting manufacturers whose names are entered in the DEEC for the purpose of export production."
18. There is no dispute that the value based license is granted to a prospective exporter for duty free import of the raw-material, components, intermediates, consumables, parts, spares, including mandatory spares, packing material and computer software, subject to fulfilllment of a time bound export obligation and the value condition, as per the prescribed to apply for obtaining a value based advance license by specifying the name and description of the items to be imported and exported, the CIF value of imports; the FOB value of exports : and is further required to tender an undertaking of meeting the time bound export obligations as specified in the input/output norms for the item under export. Pursuant to the license, the petitioner took steps to manufacture the cassettes and has invested considerable sums of money. He has already obtained firm orders from abroad; on this basis, he was entitled to import among other goods, polypropylene moulding powder/granules (referred hereinafter as the goods in question). This entitlement to import the goods in question within the overall value limits is taken away by the impugned action of the respondent by placing the said goods in question in the Sensitive list. The import of goods in the sensitive list is linked to the quantity only. There has been, thus, a drastic change in the right of the petitioner to import the goods in question. The petitioner contends that a promise was held out to him that he may freely import the goods in question provided he exports Audio Cassettes of the prescribed value and that the petitioner has altered his position relying on this promise, by investing large sums to procure the raw materials and taking steps to export the Audio Cassettes, in the hope of importing the goods in question, so that he can sell them in India at competitive rates.