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2016 (1) TMI 1333 - HC - Indian LawsRightful dues of the petitioner under the incentive scheme - Held that:- The second respondent has considered the matter and by the order impugned dated October 1, 2015 has declined the incentive to the extent due under the original notification of December 28, 2012. The concerned authority has found that the petitioner is entitled to the maximum of about ₹ 99,000/- under the incentive scheme in view of the subsequent notification of September 25, 2013. In the light of the discussion above and particularly since the authority under Section 5 of the said Act does not permit a benefit already vested to be withdrawn from the hands of the beneficiary, WP is allowed by setting aside the order impugned dated October 1,2015 and by requesting the second respondent to reconsider the matter and pay the rightful dues of the petitioner under the incentive scheme in accordance with the notification of December 28, 2012 but without taking into account the first clause of the subsequent notification of September 25, 2013 to the extent that such clause detracts from the quantum of the incentive that an exporter is entitled to under the original notification. Appropriate steps should be taken by second respondent to ensure that the rightful dues of the petitioner are made available to the petitioner within six weeks from date. It will also be open to the petitioner to seek appropriate interest for the period of delay.
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