ORDER
S. Kalyanam, Vice President
1. The above Reference Applications arise out of the order of the Tribunal dated 12-7-1989 in Order No. 554/1989.
2. Shri Lakshmi Kumaran, the learned Counsel for the applicants submitted that the Tribunal has given a finding in the impugned order that the hypodermic disposable syringes imported by the appellants are covered by the description at SI. No. 521 of Appendix 3 Part A coming within the mischief of limited permissible items requiring the ITC licence of import thereof in terms of Policy AM 1985-88. The learned Counsel submitted that in respect of identical issue, the North Regional Bench by Order No. A/940-945/93 has not only held that the goods are permissible for import under OGL but also has granted relief. The learned Counsel further submitted that in regard to an identical issue, the East Regional Bench in the case of Collector of Customs, Calcutta v. Amar Roller Flour Mills has taken a view that whenever an issue arises with reference to interpretation of the policy, the same would give rise to a question of law.
3. Heard Shri Victor Thyagaraj, the learned SDR.
4. On consideration of the entire evidence on record and the submissions made before us and taking note of the fact that in respect of the identical issue a divergent view has been expressed by the coordinating Bench namely the North Regional Bench, we are inclined to think that the issue is contentious one and would give rise to question of law. In this view of the matter we refer the following question to the Supreme Court in terms of Section 130 of the Customs Act, 1962.
“Whether the hypodermic disposable syringes imported by the applicants are covered by the OGL or covered under SI. No. 521 of Appendix 3, Part A, coming within the mischief of the limited permissible items requiring an ITC licence for the import thereof in terms of the Import Policy AM 1985-1988?”.