9911796707
TMI Blog1982 (11) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... hat application for renewal came to be rejected by an order made on 3rd March, 1982, but issued on 15th March, 1982. After setting out in detail the facts of the case, the first respondent-Collector, took the view that on the date of the application there was no valid licence which could be renewed by him and therefore rejected the application. Aggrieved by the same, the petitioner-company preferred an appeal to the second respondent-Central Board of Excise and Customs, Government of India, New Delhi. The second respondent has confirmed the order of the first respondent and rejected the appeal. Aggrieved by the said two orders, true copies of which are at Annexures C and D to the petition, the petitioner has approached this Court under Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at licence, extend the period for a further period not exceeding one year. (3) A licence granted under Regulation 11 may, on an application made in this behalf before the expiry of the period of one year referred to in sub-regulation (1) or the extended period, if any, under sub-regulation (2), be renewed for a period of three years and thereafter every three years. (4) The fee for renewal of a licence granted under these regulations shall be Rs. 5. (5) Before a licence is renewed, the Collector of Customs shall satisfy himself about the financial solvency of the applicant and shall require the production of an income-tax clearance certificate. (6) The Collector of Customs may refuse to renew a licence if on such inquiry as he deems ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the first and subsequent renewals shall be for a period of three years. In other words, it determines the period of validity of the first and subsequent renewals and no more. The view taken by the respondents appears to be correct inasmuch as the regulations do not provide for the contingency of the application being made beyond the period of the licence which has already been renewed once. That lacuna cannot be cured by construing the provision in sub-clause (3) of Regulation 13 of the Regulations in the manner in which the learned counsel wants to construe the same. That would be rewriting the regulation and also would amount to conferring jurisdiction on the first respondent which the regulation have not conferred expressly. 4. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
