BELL MATCH COMPANY Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard the learned counsel for the writ petitioner and the learned standing counsel for the respondents.

(2.) The writ petitioner is a 100% export oriented unit. It is engaged in manufacture of Match Sticks. M/s.Eutrabell India, Sivakasi was issued with letter of permission dated 06.11.2012, for transferring the capital goods in question from their unit to the writ petitioner.

(3.) It is not in dispute that at the time when the letter of permission was granted, the subject transaction was governed by notification No.52/03 dated 31.03.2003. One of the conditions incorporated in the said notification was that in the case of capital goods, it must have been installed or otherwise used within the unit, within a period of one year from the date of import or procurement thereof or within such extended period not exceeding five years. Admittedly, the petitioner did not satisfy the aforesaid requirements.