9911796707
TMI Blog1996 (8) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... rt Policy for April, 1992 to March, 1997 and the Duty Exemption Scheme contained therein. 2. It is submitted by the Petitioners that as there were no-norms fixed at the relevant time for the said items of import, the Application of the Petitioners for issuance of the said Advance Licence was considered by the Advance Licensing Committee for fixation of norms as per the Import Export Policy. The Advance Licensing Committee consisted of technical persons, Customs Officers and other 10 persons which considered the petitioners application for the said Advance Licence and as per the Advance Licence the Petitioner No. 1 was required to export Sea Food worth U.S.$ 28,10,000/- equivalent to Rs. 8,99,20,000/-. The 1st Petitioner was also issued t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners after complete verification by the Competent Authority. 5. At the time of admission of this matter, this Court has granted interim relief in terms of Prayer clauses (c) and (d) on 16th January, 1995. That order was challenged by filing Special Leave Petition before the Supreme Court. Before the Supreme Court it was pointed out that by granting interim relief the petition is virtually allowed. It was conceded that in accordance with the new policy Licence has been issued to the Petitioners. The Supreme Court in this view of the facts observed that the parameters of the dispute between the parties would only relate to the grant or non-grant of the old licence, which was required to be decided at the time of writ petition. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h was furnished by the Petitioners and the Advance Licensing Committee considered the application of the Petitioners and granted licence, but before the Petitioners could import the commodity the new norms have been laid down regarding fixing the quantities of the raw materials to be imported by the importers and the quantity required for the manufacture of export products for the export of every Metric Tonne of the commodity which the importer is exporting. In the affidavit in reply it is admitted that Advance Licensing Committee has issued Licence, Exhibit `D as per the provisions of Export Policy in force at the relevant time by relying upon the details furnished by the Petitioners and taking into account the actual requirement in the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority under the categories of licences mentioned in this chapter. ....." 48. An Advance Licence is granted for the import of inputs without payment of basic customs duty. Such licence shall be issued in accordance with the policy and procedure in force on the date of issue of the licence and shall be subject to the fulfilment of a time-bound expert obligation and value addition as may be specified. Advance Licences may be either value based or quantity based. Licences issued under the Duty Exemption Scheme shall be regulated in freely convertible currency. The FOB value of exports and CIF value of imports in the licences shall be specified in freely convertible currency. The CIF value shall also be specified in bracket in Indian Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication and after verifying the facts from them the Petitioners were given Advance Licence by reducing the quantity and also amount. One of the conditions of the said Licence is as under : (i) This licence shall be subject to the conditions in force relating to the goods covered by the licence as described in the relevant import Trade Control Policy Book, or any amendment thereof made upto and including the date of issue of the licence, unless otherwise specified. This term itself indicates that the relevant date for grant of Advance Licence is the date of issue of licence and the licence was only subject to the conditions relating to the goods covered by the licence or amendment thereof made upto and including the date of issue of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Petitioners for this purpose relied upon the observations made by the Supreme Court in the case of S.B. International Limited Etc. v. Asstt. Director General of E.T. Ors. Etc., reported in 1996 (82) E.L.T. 164 (SC) = 1996 (8) CXLT (SC) Misc-1. In that case the Court was required to consider whether a vested right accruing to the Appellant for issuance of Advance Licences as per the value addition norm in vogue on the date of filing of the applications and whether any subsequent change in policy effected before the issuance of licences, is not applicable to such licences. In that context the Supreme Court observed as under : By granting the Advance Licence, the licensing authority tells the licence am permitting you to import raw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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