Import policy amendment applied to imports under licence condition 8, as the restriction operated on the date of importation.

Licences containing condition 8 were treated as subject to any prohibition or regulatory restriction in force on the date of importation. On that construction, the amended import policy effective from 1-4-1994 applied to imports made in May 1994 by a letter of authority holder, because condition 8 was not limited to the policy prevailing when the licence was issued. The earlier facility of import through a letter of authority holder was therefore not protected against the later restriction, and the import was held governed by the amended policy.

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Issues: Whether the amended import policy effective from 1-4-1994 applied to imports made in May 1994 by a letter of authority holder under licences containing condition 8.

Analysis: The licences were subject to condition 8, which made them liable to any prohibition or regulation in force on the date of importation. The question was whether the later import policy amendment withdrew the earlier facility of a letter of authority holder importing on behalf of the licensee. Relying on the prior interpretation of the same condition, the scope of condition 8 was held to extend to restrictions or prohibitions operating at the time of import, and not to be confined to the policy in force when the licence was issued.

Conclusion: The amended import policy applied to the imports in question, and the import was not protected by the earlier licence conditions; the appeal was against the assessee.

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