DINDAYAL GUPTA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The writ petitioner carries on business by the style 'Bhawani Textiles'. It made some exports. Under the extant policy of the Government of India, on 16th July, 2004 he was granted a DEPB-Post Export licence. The initial period of its validity was 12 months. Thereafter, in accordance with a public notification issued by the Government of India this licence was renewed till August, 2007.

(2.) Now, this licence was transferable. This could be transferred by the writ petitioner to any person provided the customs authorities issued a "telegraphic release advice". This "telegraphic release advice", as I have understood, is nothing but a confirmation or a no objection by them regarding such transfer.

(3.) This licence entitles the writ petitioner to duty benefit to the extent of Rs. 9.47,615/- for importation of goods specified in the licence itself. It appears from the records that duty benefit initially granted was Rs. 10.04,307/-. Thereafter, at the intervention of the customs, it was reduced to Rs. 9.47,615/-.