Prospective operation of export incentive notifications bars retrospective cash assistance for concluded contracts.

Policy notifications governing export incentives apply prospectively unless they expressly provide otherwise, and they do not alter the terms of concluded contracts. Because the contract had been accepted before the 6 December 1975 notification, the earlier public notice of 8 December 1969 continued to govern, making the relevant date the final conclusion of the contract rather than the tender submission date. The later notification of 5 November 1979 was also expressly prospective and could not reopen completed transactions or confer retrospective cash assistance or replenishment benefits. On that basis, the petitioner was not entitled to claim those benefits from the date of tender submission.

---

---

Issues: Whether the petitioner was entitled to claim cash assistance and replenishment benefits from the date of submission of tender and to have the notifications dated 6 December 1975 and 5 November 1979 applied retrospectively.

Analysis: The contract was accepted before the notification dated 6 December 1975 and therefore the petitioner could not invoke that notification to claim a later beneficial date for determining cash assistance. The governing regime was the earlier public notice dated 8 December 1969, under which the relevant date was the date when the contract was finally concluded, not the date of tender submission. The later public notice dated 5 November 1979 was expressly prospective and could not reopen concluded contracts or confer retrospective benefit. The petitioner had also been informed of the appellate remedy under the Handbook of Rules and Procedure, but elected to pursue the writ petition instead.

Conclusion: The petitioner was not entitled to retrospective application of either notification and was not entitled to cash assistance or replenishment benefits from the date of tender submission.

Ratio Decidendi: In the absence of express retrospective effect, policy notifications governing export incentives apply prospectively and do not alter the terms of concluded contracts.

---