Advance Licence includes Annual requirement excepting freely transferable. Annual Advance licence is part and parcel of the policy and procedure for such period. It is an administrative policy. Time to time it is introduced to cope up with the commercial venture of the country.

( 1 ) THE Court : This writ petition was made challenging the notice of the Joint Director General of Foreign Trade, Government of India, Ministry of Commerce dated 19th November, 2001 regarding cancellation of revalidation of Annual Advance Licence given by the Customs Authorities as well as reply to the prayer for consideration dated 20th December, 2001. The writ petition was filed on 29th January, 2002. Parties have exchanged their affidavits.

( 2 ) AT the time of final hearing Mr. J. P, Khaitan learned Advocate with able assistance of his junior Mr. S. Dasgupta, contended before this Court that Annual Advance Licence was renewed by the authority rightly for the period and the export and import within such period has already been effected pursuant to such extension of the period. Therefore, there cannot be any objection in respect of utilising such Annual Advance Licence and the same cannot be cancelled. If any step in connection with extension or non Annual Advance Licence is taken that might be given with prospective effect but not with retrospective effect where export import is already completed. Particularly he has drawn my attention to the relevant part of the Export and Import Policy 1997-2002, I find from the same that Duty Exemption/remission Scheme being Chapter 7 is dealing with Chapter 7. 1 named as "policy" which is as follows : policy Chapter 7. 1 The policy relating to the Duty Exemption/remission Scheme is prescribed in Chapter 7 of the Policy.

( 3 ) THE revalidation of the licence is prescribed under Chapter 7. 23 which is as follows : "revalidation of Licence""7. 23. The regional licensing authority may consider a request of the original licence holder and grant one revalidation for a period of six months from the date of expiry of the original licence. Request for further revalidation may be considered by the regional licensing authorities. However, such revalidation shall not exceed a period if six months from the date of expiry of earlier period of revalidation. The request (s) for revalidation of licence shall be made in the form given in Appendix-12. "

( 4 ) HE has also drawn my attention to Chapter 7. 54 (a) which deals with the Advance Licence for Annual Requirement. The relevant portion is given hereunder :-Advance Licence for Annual Requirement"7. 54 (a) Manufacturer-exporter with export performance of Rs. 1 cr. in the preceding year and registered with excise authorities, except for products which are not excisable for which no such registration is required, shall be entitled for such licences. Export House, Trading House, Star Trading Houses and Super Star Trading Houses holding the certificate as merchant-exporter where they agree to the endorsement of the name (s) of the supporting manufacturer (s) on the relevant licence shall also be entitled for the advance licence for annual requirement. "

( 5 ) CHAPTER 7. 11 deals with Advance Licence for immediate supply which is as follows :-Advance Licence for Intermediate Supplies"7. 11 The application for grant of Advance Licence for Intermediate supply may be made on the basis of a tie-up agreement with the exporter holding an Advance license for physical exports/deemed exports/annual requirement for physical exports or for deemed exports. Such requests shall be considered by the licensing authority concerned. The Advance License for Intermediate supply shall be issued after making the licence invalid for direct import of items to be supply by the intermediate manufacturers. In such cases, a copy of the invalidation letter will be given to the licence holder and copy thereof will be sent to the intermediate supplier as well as the licensing authority of the intermediate supplier. The licence in such case has an option either to supply the intermediate product to holder of Advance Licence for physical exports/deemed exports/annual requirement or to export directly. "

( 6 ) WITHIN such Policy Chapter 4 deals with General Provisions