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2019 (3) TMI 985 - HC - CustomsIssuance of duty credit scrip (authorization) in terms of paragraphs 3.14.4 and 3.14.5 of the Foreign Trade Policy - refusal of duty scrip by invoking paragraph 3.14.5 (C)(i) of the Foreign Trade Policy 20092014 read with Notification No.43(RE200914) dated 25/9/2013 - applicability of binding judgment of this Court in the case of JSW Steel Ltd. Vs. Union of India [2016 (1) TMI 957 - BOMBAY HIGH COURT]. Held that:- In view of the Incremental Export Growth achieved by the petitioner and having realized the sale proceeds in convertible foreign exchange, vide online application dated 24th March, 2015, the petitioner claimed duty scrip for ₹ 7,59,65,508.03 in the prescribed form ANF3F. However, the EDI system, at that point of time, did not accept application for issuance of scrips for value above ₹ 1 crore - the judgment in JSW Steel Ltd. [2016 (1) TMI 957 - BOMBAY HIGH COURT] is applicable to the facts of the present case, where it was held that None can claim any benefit or incentive as an absolute right. However, a definite policy is enunciated in the present case. That policy extends an incentive for a demonstrated increase in exports. Its purpose is also clear, viz., to encourage more exports. The policy’s terms must, therefore, receive an interpretation as would advance its stated purpose, viz., to promote and encourage exports. Petition allowed.
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