Retrospective public notice cannot invalidate an earlier import licence without express retrospective effect.

A public notice issued after an import licence cannot retrospectively alter rights created by that earlier licence unless retrospective effect is expressly provided. The licence in question was governed by the policy conditions and amendments in force up to its date of issue, so the later public notice could not invalidate imports already authorised under it. The relevant handbook provisions and shipment-related dates were examined against this principle, and the earlier Supreme Court approach was followed. The finding that the import was unauthorised on the basis of the later notice was therefore set aside in favour of the assessee.

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Issues: Whether Public Notice No. 53/78, issued after the grant of the import licence, could retrospectively invalidate the licence and render the import unauthorised.

Analysis: The licence was issued before the public notice and expressly made imports subject only to policy conditions and amendments in force up to the date of issue of the licence. The governing principle applied was that a subsequent public notice, not given retrospective effect, cannot alter the rights flowing from an already issued licence. Paragraph 398 of the Hand Book of Imports-Export Procedures 1978-79 was considered along with the dates of the licence, public notice, trade notice, letter of credit and shipment. The earlier Supreme Court authority relied on the same principle that a later public notice could not operate retrospectively against an earlier licence.

Conclusion: Public Notice No. 53/78 could not retrospectively govern the licence, and the finding that the import was invalid on that basis was set aside in favour of the assessee.

Ratio Decidendi: A public notice issued after the grant of an import licence cannot, unless expressly given retrospective effect, invalidate imports made under that earlier licence.

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