2021 (9) TMI 1511 - HC - Customs

Benefits under the MEI Scheme denied - direction for refund the amount received by way of MEI scrip - denial of benefit on the ground that the exports made to an entity in the Free Trade Warehousing Zone (FTWZ), was erroneous - HELD THAT - Respondent assures the Court that in case the petitioner were to file an appeal assailing the impugned order, the respondents will neither take any coercive action in furtherance of the impugned order dated 17.09.2021, nor place the petitioner in the Denied Entity List till the appeal is disposed of on merits. The writ petition is disposed of by granting two weeks time to the petitioner to file a statutory appeal assailing the impugned order dated 17.09.2021. In case such an appeal is filed within the time so granted, the respondents will deal with the same expeditiously by passing a reasoned and speaking order after granting due opportunity of hearing to the petitioner as per the prescribed procedure.

Summary

Issues:
- Challenge to order of ineligibility under MEI Scheme
- Dispute over destination of exports
- Consideration of factual aspects in writ proceedings
- Direction to file statutory appeal under Foreign Trade Act
- Assurance of no coercive action pending appeal

Analysis:
The writ petition challenged an order holding the petitioner ineligible under the MEI Scheme due to alleged mis-declaration of the destination of exports. The respondent contended that the impugned order was correct as documents indicated exports to an entity in France, not to an FTWZ in India. The respondent suggested filing a statutory appeal under the Foreign Trade Act for redressal. The court disposed of the petition, granting two weeks to file the appeal. The respondents committed to refrain from coercive action or listing the petitioner until the appeal's disposal.

The respondent's argument centered on the discrepancy between the petitioner's claim and the documents submitted. While the impugned order accused the petitioner of mis-declaration regarding exports to Toulouse, France, the documents showed supplies to an entity in India. The respondent maintained that such factual issues were beyond the purview of the writ proceedings and urged the petitioner to pursue relief through a statutory appeal under the Foreign Trade Act. The court accepted this stance and directed the petitioner to file an appeal within two weeks.

In response to the respondent's assurance of no coercive action pending the appeal's outcome, the court disposed of the writ petition. It granted the petitioner the opportunity to challenge any adverse order resulting from the appeal. Additionally, the court directed that if an unfavorable decision was rendered, implementation would be stayed for one week to allow for further legal recourse. This comprehensive approach ensured procedural fairness and allowed for proper adjudication of the dispute under the statutory framework.