USHA MARTIN INDUSTRIES LTD. Vs. C.C.E.

JUDGEMENT

(1.) Briefly stated the facts of the case are as under:

(2.) 1 The appellant is a 100% Export Oriented Unit (EOU) duly approved as such by the appropriate authority of the Government of India.

(3.) OPPOSING the contention, Ld. SDR, Shri T. Prem Kumar submitted that the Collector's interpretation of the notification denying the benefit of the goods sold (sic) ["allowed to be sold] in India" is correct. As the goods in question were admittedly sold to M/s. ONGC in India, the benefit of notification cannot be extended to the same. The appellant's contention that the same are "deemed exports" is valid only for the purposes of Import Policy. He submitted that a legal fiction created in a specific purpose has to be given the full effect only for the purposes for which such legal fiction has been created and not beyond that. Accordingly, the legal fiction, relating to deemed export is required to be applied strictly, in the context of relevant Import Export Policy for which such legal fiction was created. In the circumstances, he prayed for rejection of the appeal.