STRH FIBRES INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution challenging the action of the respondents withholding the exemption from payment of excise duty in respect of certain goods imported by the petitioners-company pursuant to the import policy for April 1973/March 1979.

(2.) The petitioners are exporters of nylon fabrics, an item falling under Entry K. 11(ii) of the Import Trade Control Policy, Vol. II, for April 1977 - March 1978 (Section II - pages 71-72). They are also registered exporters of the said item under the scheme for registration of contracts in pursuance of paragraph 44 of the Import Policy of 1977-1978 and paragraph 146 of the Import Policy of 1978-1979.

(3.) It is provided in paragraph 44 of the Policy of 1977-1978 that, in respect of exports made in the execution of registered contracts, the exporters will be eligible for the same levels of support in respect of import replenishment and other benefits under the Import Policy for Registered Exporters, as were permissible on the date of such contracts with overseas buyers, Under the said Policy in respect of the item falling under Entry K. 11(ii), there was value-restriction of 50% of the f.o.b. value of the exported item for the purpose of import replenishment.