- (1.) THIS writ application is filed assailing the order dated July 30, 2003 passed by the respondent No. 4 rejecting the representation of the petitioner company with regard to the benefit of exemption of "textile Machinery" imported by it under Licence No. 0. 2500213 dated August 10, 1999 from whole of the duty of Customs Leviable thereon.
(2.) THE backdrop of this case in a nutshell is as under: the Oriental Cotex Ltd. imported three machines from Thies Gmbh and Co. , Lindauer Dornier Gmbh and Calator Ruckh AB. According to the petitioners, they were entitled to avail of Export Promotion Capital Goods scheme (hereinafter referred to as the EPCG Scheme) on account of the aforesaid import. At that point of time the EPCG Scheme provided for a duty of Customs @ 10% ad valorem. The petitioner applied to the respondent authorities for grant of licence to import capital goods on january 1999. It was approved by the EPCG Committee by a communication dated February 18, 1999.
(3.) BEFORE the aforesaid company availed of the benefit of 10% duty of Customs Scheme in April 1999, the Government had introduced a 0% duty of customs scheme with effect from April 1, 1999. The benefit of the above scheme was made available for the period from April 1, 1999 to March 31, 2000. But no notification was issued to that effect in exercise of powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962.;