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Directorate's Rejection of Gold Import Application Quashed; Court Orders Processing per Law in Six Weeks The HC quashed the Directorate General of Foreign Trade's rejection of the petitioner's application for Advance Authorization to import gold bars and ...
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Directorate's Rejection of Gold Import Application Quashed; Court Orders Processing per Law in Six Weeks
The HC quashed the Directorate General of Foreign Trade's rejection of the petitioner's application for Advance Authorization to import gold bars and export gold items. The rejection was initially based on a public notice that had been quashed in a previous case. The court found that the subsequent notification, which reiterated the restrictions, could not be applied retrospectively. The court directed the Directorate to process the petitioner's application according to the law within six weeks, disposing of the writ petition and pending applications.
Issues: Challenge to non-issuance of Advance Authorization for import and export of gold items based on public notice. Review of rejection based on subsequent notification. Applicability of public notice and subsequent notification to the petitioner. Retrospective effect of subsequent notification on Advance Authorization.
Analysis: The petitioner, a recognized export house, challenged the Directorate General of Foreign Trade's refusal to issue Advance Authorization for importing gold bars and exporting gold items based on a public notice. The rejection was premised on Public Notice No.35/(2015-2020), which was also challenged in a previous case where the court quashed the notice. The rejection letter cited the public notice as the reason for denial. The rejection was reviewed but rejected on the grounds of the petitioner not being a party to the previous case.
The subsequent notification reiterated the same restrictions on Advance Authorization for gold items. The petitioner argued that the subsequent notification could not have a retrospective effect and should not apply to their case. The court referred to the legal position that a later notification cannot be applied retrospectively, citing the case law of Director General of Foreign Trade v. Kanak Exports, 2015. The court held that the rejection based on the subsequent notification was untenable.
The court emphasized that the quashed public notice could not be relied upon to refuse the Advance Authorization. The rejection was quashed and set aside based on the legal position that a subsequent notification cannot have retrospective effect. The court directed the Directorate General of Foreign Trade to process the petitioner's case in accordance with the law within six weeks. The writ petition and pending applications were disposed of accordingly.
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