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TMI Blog2024 (3) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... from 27.08.2009 as amended by Public No. 45(RE-2008)/2004-2009 dated 07.08.2008. 3. Public Notice No.45(RE-2008)/2004-2009 dated 07.08.2008 reads as under:- TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY (PART-I, SECTION-I) GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE PUBLIC NOTICE NO.45 (RE-2008)/2004-2009 NEW DELHI, DATED THE 7 th JULY, 2008 In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures, Vol.I: 1. Para 9.3 relating to 'applications received after expiry of prescribed date of receipt' shall be amended to read as under:- "9.3 Wherever any application is received after expiry of last date for submission of such application, the application may be considered after imposing a late cut in the following manner:- 1 Application received after the expiry of last date but within six months from the last date 2% 2. Application received after six months from the prescribed date of submission but not later than one year from the prescribed d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt discarded and/or not considered the Survey Report dated 12.12.2007. Once the Survey Report dated 12.12.2007 fell for consideration before the High Court while deciding the main writ petition thereafter the same could not have been considered again by the High Court while deciding the review application." 8. Hence, the learned Additional Solicitor General for the respondents prays for dismissal of the Review Application. The respondents are directed to maintain status quo as on date till the date of disposal of the final application. 9. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Additional Solicitor General for the respondents. 10. The above amendment to the Hand Book of Procedures to Foreign Trade Policy has been taken note of and is captured in paragraph 145 of the order dated 19.09.2022 in W.P.(MD).No.15613 of 2016. In fact, paragraph 145 of the order dated 19.09.2022 also captures the subsequent amendment to Foreign Trade Policy. 11. Paragraph 145 to 147 of the order dated 19.09.2022 in W.P. (MD).No.15613 of 2016 reads as under:- "145. Paragraph 9.3 of Hand Book of Procedures for 2004-09/2009-14 and 2015-20 read a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore 27.08.2009. Paragraph 4.22 Handbook of Procedure with effect 27.08.2009. Export Obligation Period (EO) and its Extension: The period of fulfillment of export obligation under an Advance Authorisation shall commence from the date of issuance of authorization. The export obligation shall be fulfilled within a period of 24 months except in the case of supplies to the projects/turnkey projects in India/abroad under deemed exports category where the export obligation must be fulfilled during the contracted duration of execution of the project/turnkey project. In case of Spices (covered by Chapter 9 of the ITC (HS) Classifications of Export and Import Items, 2004-09), the export obligation shall be fulfilled within a period of 90 days from the date of receipt of the first import consignment i.e. the date on which the first import consignment is cleared by the customs authorities against the authorization. (a) Fulfillment Period of EO under an Advance Authorisation shall commence from Authorisation issued date, unless otherwise specified. EO shall be fulfilled within 18 months except in case of supplies to projects/turnkey projects in India/abroad under deemed exports category ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Authorizations for products with VA as per Appendix 11B, the VA shall be as per the VA stated in Appendix 11B or as stated in Advance Authorisation, whichever is higher. 130. Request for an revalidation of an Advance Authorisation can be made once for 6 months from the expiry of date of its validity in terms of Paragraph 4.23 of the Handbook of Procedure and/or for enhancement/reduction in the entitlement in terms of Paragraph 4.21 of the Handbook of Procedure can be made only either before or after export. 131. Under Paragraph 4.23 of the Handbook of Procedure to Foreign Trade Policy 2004-09, the Regional Authority can consider a request of an original Authorisation holder and grant one revalidation for 6 months from the expiry date. 132. Request (s) for revalidation of Authorisation was to be made in Form ANF 4E. 133. Thus, the petitioner could expect re-validation of the Advance Authorisation only for a period of 6 months from the date of expiry of validity period. The period of six month would have expired on 27.09.2009 and on 23.10.2009. 134. The request for revalidation was made on 16.02.2011 by the petitioner long after the period of validity of the respective Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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