Case: Union Of India &amp; Others Vs. M/S Chowgule &amp; Co. Ltd. &amp; Others

licence. 13. Paragraph 204 of Chapter XV of the new policy provides that in the case of exports made prior to 1.4.1990 against which REP licence was issued on or after 1.4.1990, the rate of import replenishment will be as admissible on the date of export but subject to the conditions laid down in 1998-1991 policy book. Chapter XVI deals with deemed exports. Under paragraph 210 the deemed exports will qualify for grant of import replenishment licence. The material provision, however, is contained in Chapter XVIII. Part-A thereof deals with Export Houses/Trading Houses. The objective is similar to that of earlier policy. The eligibility criteria laid down in paragraph 218 for the grant of export/trading housing certificate is to be determined on the basis of NFE earnings from the exports actually made in the preceding three licensing years termed as "base period". The earnings from export of products in Appendix 12 shall not quality for this purpose. Paragraph 220 deals with additional licence and provides, inter alia, that the export houses/trading houses will be eligible for additional licences on the basis of admissible exports made in the preceding licensing year and the value of the licence will be calculated at the rate of 10% NFE earnings on the total eligible exports made in the preceding licensing year. Paragraph 222 deals with transitional arrangements and the same reads as under: "222. Where the applications from Export Houses/Trading Houses for Additional Licence for any of the preceding licensing year, have not been disposed of by the end of the licensing year, licenses will be issued as per the relevant Policy provisions prevailing during the period to which the Additional Licenses relate, subject to the condition that the permissibility of the items allowed for import against such licences will be governed by the relevant provision of the Import Policy in force, at the time of their actual import." 14. Coming to the point raised it is to be noticed that paragraph 215 of the old policy is clear and provides that eligibility to the additional licence was to be determined on the basis of the admissible exports made in the preceding licensing year. Paragraph 222 of the new policy which has been extracted above provides that where the applications from export houses/trading houses for additional licences for any of the preceding year, have not been disposed of by the end of the licensing year, licences will be issued as per the relevant policy provisions prevailing during the period to which the additional licences relate. Meaning thereby that if an application for additional licence for any preceding licensing year is pending which in this case shall be deemed to be pending as the controversy is still alive being adjudicated then the licence has to be issued as per the relevant policy provisions prevailing during the period to which the additional licence relates which in the present case would be under the old policy. The grant of additional licence in paragraph 222 has been made subject to the condition that the permissibility of the items allowed for import against such licences will be governed by the relevant provisions of the import in force at the time of their actual import meaning thereby that the items which can be imported would be relatable to the import policy in force, i.e., the new policy. Traditional arrangements stated in paragraph 222 makes it abundantly clear that the applications from export houses/tradition houses which have not been finally disposed of by the end of the licensing year would be entitled to the issuance of the additional licence as per the relevant policy provisions prevailing during the period to which the additional licence related. 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. 15. For the reasons stated above, we do not find any infirmity in the orders passed by the High Court in quashing the orders passed by the authorities rejecting the claim of the respondents for grant of additional licence. 16. Similarly, we do not find any infirmity in the orders passed by the High Court in the issuance of writ of mandamus directing the Union of India to forthwith pay to the respondents the premium of 20% instead of issuing the additional licence in terms of the Circular 11 of 93. Circular 11 of 93 provides that where application for grant of additional licence are pending in respect of the exports made and export proceeds relating to the period prior to 1.3.1992 then instead of issuing the licences, the 20% premium shall be paid. The order passed by the High Court is strictly in conformity with the Circular 11 of 93 issued by the appellants itself.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 0

Reasoning from the judgment:
0[ds]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 thedo not find any infirmity in the orders passed by the High Court in quashing the orders passed by the authorities rejecting the claim of the respondents for grant of additionaldo not find any infirmity in the orders passed by the High Court in the issuance of writ of mandamus directing the Union of India to forthwith pay to the respondents the premium of 20% instead of issuing the additional licence in terms of the Circular 11 of 93. Circular 11 of 93 provides that where application for grant of additional licence are pending in respect of the exports made and export proceeds relating to the period prior to 1.3.1992 then instead of issuing the licences, the 20% premium shall be paid. The order passed by the High Court is strictly in conformity with the Circular 11 of 93 issued by the appellants