9911796707
TMI Blog2001 (12) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... and value addition norms in force on the date of receipt of the application by the licensing authority in proportion to the provisional exports already made till any amendment in the norms is notified. For the remainder of the exports, the Policy/Procedure in force on the date of issue of the licence shall be applicable. The conversion of duty free shipping bills to drawback shipping bills may also be permitted by the Customs authorities in case the application is rejected or modified by the licensing authority. The exports/ supplies made in anticipation of the grant of a duty free licence shall be entirely on the risk and responsibility of the exporter". 2.The case set out in the writ petition is : That the petitioner made an applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the input/output and value addition norms in force on the date of receipt of the application" entitled it to avail of the value addition norms in force on the date or the receipt of the application irrespective of the date of the approval and it is indeed a vested right in the export licence granted by the said policy. He submits that since there is no rejection of the petitioner's application whatever be the date of the approval, the petitioner is entitled to invoke the input/output and value addition norms in force on 18th of March, 1997. It appears that there was a change of policy on 1st of April, 1997 and the changed policy did not grant the Value Based Advance Licence and only approved the Quantity Based Advance Licence or duty draw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a 66 of the Exim Policy of the year 1992-97 to submit that if there is no approval, there cannot be any grant of licence and the Policy clearly implies that exports undertaken in such a situation are at the risk of exporter in the event of the approval not forthcoming. She further relies upon Clause 7.14 of the Exim Policy of the year 1997-2002 to contend that export obligation has to be fulfilled within a period of 18 months which clause clearly shows that approval means that it is only from the date of the grant of licence. 7.The primary issue which arises in the writ petition is the interpretation of Clause 66 of the Policy by the respondents. The respondents' case seems to be that with effect from 1st of April, 1997, the petitioner wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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