TMI Blog2016 (1) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... duced. Under this scheme, an IEC holder would be entitled for a Duty Credit Scrip at the rate of 2% on an incremental growth achieved by it during a current year compared to the previous year on the FOB value of the exports. Held that:- On a careful consideration of the FTP 2009-14 as well as the Schemes in question vide paragraphs 3.14.4 and 3.14.5 read with the amendment vide Notifications dated 25.09.2013, we do not find any substance in the contention of the petitioner that the impugned amendments are sought to be enforced by the respondents with retrospective operation. We agree with the submission of the learned ASG that the amendments vide Notifications No.43 and 44 dated 25.09.2013 are only clarificatory and in no way affect the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 5 of Foreign Trade (Development And Regulation) Act, 1992 (For Short the Act ), the Department of Commerce, Ministry of Commerce and Industry, Government of India, by Notification No. 1/2009-2014 dated 27th August, 2009 issued the Foreign Trade Policy 2009 - 2014 which came into force with immediate effect. 5. By the Notification dated 28.12.2012 the Government of India has formulated a scheme called Incremental Exports Incentivisation Scheme by adding paragraph 3.14.4 to FTP 2009-14. As per the said scheme an IEC holder would be entitled for a Duty Credit Scrip at the rate of 2% on the incremental growth achieved by it during the period 01.01.2013 to 31.03.2013 compared to the period from 01.01.2012 to 31.03.2012 on the FOB val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13, the following sub paragraphs have been added to paragraph 3.14.4(c) of FTP 2009-14 (i) Benefit of Incremental Export Incentivisation Scheme for the last quarter of 2012-13 will be limited to 25% growth or Incremental growth of ₹ 10 crores in value, whichever is less. (ii) Claims in excess of this value will be subjected to greater scrutiny by Regional Authority. 9. In terms of Schemes dated 28.12.2012 and 18.4.2013, the petitioner made two applications claiming Duty Credit Scrip for ₹ 90,42,165 and ₹ 4,59,94,671. 10. There was exchange of correspondence between the office of the Director General of Foreign Trade and the petitioner regarding certain additional particulars and the petitioner claims tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents it is contended that the impugned notifications dated 25.09.2013 are only clarificatory in nature and they are well within the scope of FTP 2009-14. It is also contended that the claims made by the petitioner were on misinterpretation of the Schemes and misconceived. While denying the allegations made by the petitioner, it is further submitted that the incremental growth is not the only eligible criterion in the Schemes but it is also necessary to fulfil the criteria of exports to specific markets. 14. We have heard the learned counsel for the petitioner as well as Sh.Sanjay Jain, the learned ASG, appearing on behalf of the respondents. 15. While reiterating the grounds urged in the writ petitions, it is further contended by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entive scheme in question, as promulgated by the Government, is in the nature of concession or incentive which is a privilege of the Central Government. It is for the Government to take the decision to grant such a privilege or not. It is also trite law that such exemptions, concessions or incentives can be withdrawn any time. All these are matters which are in the domain of policy decisions of the Government. When there is withdrawal of such incentive and it is also shown that the same was done in public interest, the Court would not tinker with these policy decisions. This is so laid down by catena of judgments of this Court and is now treated as established and well grounded principle of law......... 18. Therefore, we do not find an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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