TaxTMI 
TaxTMI 
2004 (6) TMI 493
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....ter applying for licence commenced exports towards discharge of the obligations and imported raw materials duty free by way of requirement. (b) Licence was issued to the petitioner on March 14, 1995 by which time the export obligation to export 4000 MTs of export goods was almost fulfilled by it. The petitioner could thus import duty free, inter alia, 4600 MTs of M.S. Billets under the said licence. However, the said raw materials could not be imported because of poor availability and high price and because the same was not being offered in small lots but only in full chartered load vessels. (c) In the month of July, 1997, on the petitioner's application, the respondents amended the said licence to allow import of alternative raw materials viz. Rerollable Scrap and revalidated the licence up to September 30, 1997. (d) On November 20, 1997, the petitioner company received the licence revalidated up to December 31, 1997. With great effort it could import about 2,900 MTs and a quantity of 1125 MTs remained to be imported as on December 31, 1997. (e) On December 31, 1997, a public notice was i....
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....ptember 25, 1998 informed the petitioner that its case could not be reopened since 36 months had passed since the issue of licence. (o) The petitioner, however, on November 16, 1998 made a representation to the respondent No. 2 pointing out that the period of 36 months had passed for no fault on its part and it could not be penalised. The said respondent was requested to allow endorsement of transferability and extension of validity of the licence. (p) On October 1, 1999 public notice was issued by respondent No. 2 making it applicable to a case where endorsement of transferability was not made on the licence because of delayed issuance of customs amendment notification dated June 4, 1998. It was provided that licence would be revalidated and endorsed for transferability even if those had expired and more than 30 months had elapsed from its date of issuance. The licence were to be revalidated up to March 31, 2000 and the authorities were to make necessary endorsements by November 30, 1999 so that the licence holders had four months' time to utilise the licences. (q) On October 8, 1999 the petitioner wrote to the r....
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....nable its utilisation. (w) On March 31, 2001 respondent No. 2 issued a public notice to the effect that advance licences would be revalidated for a period of six months where exports had already been completed but licences could not be utilised on account of their expiry. However, licences endorsed for transferability were excluded from the said public notice. (x) On April 3, 2001 the petitioner company represented to the respondent No. 2 that there was no basis for excluding licences endorsed with transferability from the scope of the said public notice and that the benefit therein should be granted in respect of the licence of the petitioner company. (y) On April 30, 2001 the office of respondent No. 2 wrote to the petitioner stating that its request had been considered and that it should avail revalidation in accordance with public notice dated March 31, 2001 and approached the respondent No. 1 for further action. Accordingly, on May 2, 2001 the petitioner wrote a letter to the respondent No. 1 requesting for revalidation in terms of the said public notice. Ultimately, on May 24, 2001 the respondent no. 1 informed th....
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.... respondent No. 2 has clarified that public notices have been brought out in exercise of power conferred under paragraph 4.11 of the Export and Import Policy, 1997 - 2002. (e) The delay occurred because the respondent No. 1 had doubt as to whether the case was covered by public notice dated 1st October, 1999 because the petitioner had availed the benefit of Modvat. As when the matter was clarified by respondent No. 2 the licence was immediately endorsed with revalidation. Thus, the delay in granting revalidation in this case, was bona fide and avoidable. (f) The Central Government has consistently taken a stand that an advance licence endorsed with transferability cannot be revalidated. Hence the request for further revalidation of the licence endorsed with transferability in terms of public notice dated 1st October, 1999 was not entertained. Since the Government has not allowed revalidation of any advance licence endorsed with transferability no special benefit can be granted to the petitioner. (g) The petitioner would have shipped the goods within the validity period of the licence which was endorsed....
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....he aforesaid notification which is quoted below : "Public Notice No. 2 (RE-01)(PN) 1997-2002 dated 31st, March, 2001 In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002 as notified in the Gazette of India Extraordinary, Part-II, Section 3, Sub-section (ii) vide S.O. No. 283(E), dated 31-3-1997, the Director General of Foreign Trade hereby notify the following dispensation :- 2. Advance Licences issued during 1992-97 Policy, shall be entitled for revalidation for a further period of six months, even if a time period of 30 months has already expired, subject to the following conditions : (i) This facility will be available where export has already been completed but the licences could not be utilised on account of expiry of these licences. (ii) Application for revalidation may be submitted to the concerned Licensing Authority within a period of 30 days from the date of issuance of this public notice. Licence shall be revalidated for a period six months from the date of endorsement of revalidation. (iii) No revalidation shall be effected where endorsement of transferability has already been endorsed. Similarly, no r....