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2015 (10) TMI 1722 - MADRAS HIGH COURT

2015 (10) TMI 1722 - MADRAS HIGH COURT - 2015 (323) E.L.T. 342 (Mad.) - Claim of benefit under FPS (focus product scheme) - Petitioner contends that he has submitted a representation stating that they exported only red chillies and the technical glitch faced during the course of filing were bought to their notice at the time of submission of their applications for FPS benefit Further contended that they are facing financial crisis on account of rejection of their legitimate claims Revenue co .....

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nsent of the learned counsel appearing for the petitioner and the learned Senior Central Government Standing Counsel appearing for the respondents, the writ petition is taken up for disposal at the admission stage itself. 2. The petitioner claims that it is engaged in the business of exporting agricultural commodities to various countries including Singapore, Thailand, New Zealand, Indonesia, Turkey and Ukraine and Certificate of Import Export Code (IEC) No.0408006943 was issued on 23.05.2008 by .....

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37D of the FPS, in and by which red chilly was added to the list of notified products under ItC (HS Code) 09042010 and that Code was to be used in both the shipping bills and the application for claiming benefits under the focus product scheme, (in short, ''FPS''). It is the specific case of the petitioner that at the time of filing the shipping bill on 24.1.2013, a different code viz., 09042219 was assigned in the drop down menu for export of red chilly. Therefore, the petition .....

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g the period January 2013 to September 2014, the petitioner was constrained to use different codes in the shipping bills and applications for claiming FPS benefit due to internal changes made by the respective departments in their pre-filled online forms. The petitioner in this regard has submitted a representation dated 10.6.2015 to the 2nd respondent stating among other things that they exported only red chillies and there were not aware of the technical glitch faced during the course of filin .....

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