SONIA FISHERIES Vs. UNION OF INDIA

JUDGEMENT

(1.) TO the petitioner No. 1, M/s. Sonia Fisheries, Advance Licence dated 14th September, 1993 was granted for import of (1) Kraft paper other than ivory board, (2) Cardboard other than Ivory Board (3) HDPE/pp Granules (4) Preservatives and (5) Raw material for fishing net in accordance with and on the basis of the Export Import Policy for April, 1992 to March, 1997 and the Duty Exemption Scheme contained therein.

(2.) IT is submitted by the Petitioners that as there were no norms fixed at the relevant time for the said items of import, the Application of the Petitioners for issuance of the said Advance Licence was considered by the Advance Licensing Committee for fixation of norms as per the Import Export Policy. The Advance Licensing Committee consisted of technical persons, Customs Officers and other 10 persons which considered the Petitioners' application for the said Advance Licence and as per the Advance Licence the Petitioner No. 1 was required to export Sea Food worth U. S. $ 28,10,000/- equivalent to Rs. 8,99,20,000. This 1st Petitioner was also issued the requisite Duty Exemption Entitlement Certificate in that behalf which mentioned the details of the items to be imported under the said Licence. It is the say of the Petitioners that on the basis of the said licence the Petitioner No. 1 carried out export and submitted Bank Certificates in support thereof to the authorities concerned showing the export done by the Ist Petitioner and the amount of the Foreign Exchange earned by the Petitioners. It is their say that exports were completed before April, 1994.

(3.) THEREFORE, on 30th May, 1994 the Petitioners filed an application for an endorsement of the Advance Licence for transferability as per Import Export Policy along with the original papers. Instead of endorsing the Licence, by letter dated 27th June, 1994 (Exhibit 'h') the Petitioner No. 1 was directed to surrender the Original Advance Licence dated 14th September, 1993. That order is challenged by filing this petition. It is prayed in the petition that the Respondents be directed to revalidate the said Import Licence as originally granted and to forthwith transfer the Advance Licence for the value Corresponding to the export effected and make necessary endorsement in favour of the 1st Petitioner to that effect and/or the 1st Petitioner be permitted to import or cause to be imported the said raw materials without payment of any duty.