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1985 (7) TMI 270

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..... tered Exporters April 1977 - March 1978". The Policy, inter alia, prescribes that the registered exporters would be entitled to REP licence to the extent of 5% of the FOB value in respect of the export contracts and also for cash assistance of 15% in respect of fruits and vegetables and 10% in respect of export of meat. Paragraph 16 of Part 'B' of Section I of the Import Policy, inter alia, prescribes that in case of registered export contracts, the crucial date for determining the percentage of replenishment will be the date of the contract. 2. In accordance with the Import Policy, the petitioners exported the goods between January and March 1979 of FOB value of Rs. 25,84,674/-. In respect of this export, the petitioners applied for grant .....

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..... correct and deserves acceptance. Paragraph 46 of Part B of Section I of the 'Import Control Policy April 1977 - March 1978' prescribes that once a contract has been registered, the registered exporter will be eligible for claiming import replenishment at the same percentage and for the import of same items as were prevailing on the date of the firm contract, provided that the bank's attested invoice which is required to be produced for the purpose of claiming import replenishment bears a further attestation from the bank to the effect that the export effected under the said invoice is against the registered contract, quoting registration number and date thereof. It is not in dispute that the petitioners have complied with the requirement o .....

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..... respondents cannot be sustained in view of the Public Notice, dated January 5,1981 issued by the Government of India. Whatever might have been provided by the subsequent Import Policy, it cannot affect the right of the petitioners as the exports were effected prior to June 30,1981, and in accordance with the delivery schedule of the contract. 5. Shri Bulchandani then submitted that the petitioners by two letters, both, dated March 26,1980, had given up the claim for the cash assistance. It is not possible to accept the submission of the learned counsel, because there is obviously a typographical error in the letter and the word "submitted" has been typed instead of the word "admitted". The contention of Shri Bulchandani that the petitioner .....

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