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TMI Blog2009 (7) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... ferability has already been ordered.” – held that - Thus when a duty free licence is transferred, the validity of that licence is the balance period mentioned in the licence or six months, whichever is more. The words ‘date of transfer’ in sub-para (v) is the ‘date of transfer’ by the original holder of the licence to a third party. - Revalidated licences will be confined to the period mentioned in the licence itself - matter is remanded back to the DGFT to consider the request of the petitioner for revalidation of the licence in terms of para 125 of the Handbook of Procedure - 4428 of 1994 - - - Dated:- 16-7-2009 - Sanjiv Khanna, J. REPRESENTED BY : Shri G.L. Rawal, Sr. Advocate with Ms. Parveen Rawal, Advocate, for the Petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od. The request was rejected by the respondents inter alia on the ground that "there is no such provision contained in EXIM Policy 1992-97 for revalidation of advance licences for which transferability has already been ordered." 4. Similar stand has been taken by the respondents in the counter affidavit and reliance is placed upon para 127(v) of the Handbook of Procedure 1992-97. Learned counsel for the petitioner on the other hand relies upon para 125 of the said Handbook. 5. Para 125 and 127(v) of the Handbook of Procedure 1992-97 read as under :- "Para 125. Revalidation of licence. The regional licensing authority may consider the request on merits and grant one or more revalidations but not exceeding a period of one year from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The aforesaid provision does not make any difference between transferable licence and a non-transferable licence. All import licences whether endorsed as transferable or non-transferable are treated alike in para 125. A transferable or a non-transferable licence can be revalidated in terms of the said para. 8. Para 127 of the Handbook deals with transferability of licences/material quoted against the said licences. Para 127 (i) permits and grants discretion to the licence holder to transfer the licence to a third party subject to conditions mentioned in the said Para. We are not concerned with sub-paras (ii), (iii), (iv) and (vi) in the present case. Sub-para (v) prescribes and fixes the validity period in case a licence is transferred. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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