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2003 (1) TMI 114 - SC - CustomsWhether the respondents who were admittedly entitled to grant of additional licence under the old policy stand debarred from claiming the said additional licence because of the new import export policy which came into force from 1st April, 1990 and further the applicability of the Circular 11 of 93, dated 5th May, 1993 and the effect thereof? Held that:- The entitlement of the export houses/trading houses to get the additional licence has not been taken away. The only condition to which the additional licence has been subjected is that the permissible items allowable for import against such (additional licensing) would be governed by the provisions of the import policy in force at the time of their actual import. Contentions raised on behalf of the Union of India that the respondents/writ petitioners had to lodge their right/entitlement to get the additional licence under the new policy for the exports made during the period when the old policy was in force cannot be accepted. The application for the additional licence could be made only after the end of the fiscal year, as only thereafter the export house could know its entitlement. The High Court was, therefore, right in holding that the interpretation put by the authorities on the new policy in declining the claim of the respondents for the grant of additional licence was unacceptable. Under the new policy as well, the export houses/trading houses would remain entitled to the additional licence for the exports made during the period when the old policy was in force but subject to the condition that they would be allowed to import against the additional licence such items which are governed by the policy in force at the time of the import of the goods. Appeal dismissed.
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