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2020 (2) TMI 1266 - HC - CustomsAmendment in shipping bills - Benefit under Merchandise Exports from India Scheme (MEIS) - petitioner inadvertently opted for “No” instead of “Yes” in the shipping bills - Corrections to be made is denied - HELD THAT:- This very issue as to whether the inadvertent error of not claiming benefit under the MEIS was fatal to the claim itself has come to be considered by learned single Judges of this Court in M/S. PASHA INTERNATIONAL VERSUS THE COMMISSIONER OF CUSTOMS, THE ASSISTANT/DEPUTY COMMISSIONER OF CUSTOMS (EXPORTS) , THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE [2019 (2) TMI 1187 - MADRAS HIGH COURT] where reliance was placed in the case of in the case of SAINT GOBAIN INDIA PVT. LTD. VERSUS UNION OF INDIA [2018 (11) TMI 536 - KERALA HIGH COURT], to hold that petitioner shall produce the said NOC before the 4th respondent and seek the benefits from the 4th respondent. The error in not stating 'YES' to availment of the Scheme, such error, admittedly being inadvertent and Mr.Rajinish Pathiyil fairly does not dispute, this should not stand in the way of the consideration of entitlement on merits - the benefit of the Scheme would be available to the petitioner conditional upon verification and acceptance of such claim by the DGFT. The impugned order rejecting the request for amendment is quashed - Petition allowed.
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