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2016 (1) TMI 418 - DELHI HIGH COURT

2016 (1) TMI 418 - DELHI HIGH COURT - 2016 (332) E.L.T. 400 (Del.) - Grant of Duty Credit Scrips - DGFT issued the Duty Credit Scrips for ₹ 50 lakhs and ₹ 1crore only as against the petitionerís claims of ₹ 90,42,165 and ₹ 4,59,94,671. - Constitutional validity of Notifications Nos. 43 and 44 dated 25.09.2013 - 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 01.01.2 .....

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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 rights accrued to the petitioner to cl .....

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P 2009-14 regarding the claims made by the petitioner. - Decided partly in favor of appellant. - W. P. (C) 6732/2015, W. P. (C) 6734/2015 - Dated:- 7-1-2016 - G. Rohini, CJ And Jayant Nath, JJ. For the Petitioner : Ms. Shilpi Jain Sharma, Adv For the Respondents : Mr. Sanjay Jain, ASG with Mr.Jasmeet Singh, CGSC JUDGMENT G. Rohini, Chief Justice 1. The petitioner in these two petitions is a company registered under the Companies Act, 1956. 2. Aggrieved by the action of the Director General of Fo .....

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92 (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 .....

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n annual basis has been introduced. 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. Clause (c) of the said Scheme makes it clear that the incentive will be admissible only if the IEC holder has achieved growth in the financial year 2013-14 vis-à-vis financial year 2012-13 and that the quantum of benefit will be calculated .....

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ding ₹ 1 Crore per IEC. (ii) Claims in excess of this value will be subjected to greater scrutiny by Regional Authority. 8. Vide Notification No.44 dated 25.09.2013, 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 .....

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n Trade has issued the Duty Credit Scrips for ₹ 50 lakhs and ₹ 1crore only as against the petitioner s claims of ₹ 90,42,165 and ₹ 4,59,94,671. 11. Hence, these two petitions seeking a declaration that the Notifications Nos. 43 and 44 dated 25.09.2013 are unconstitutional and also seeking a direction to the respondents to issue Certificate Credit Entitlement for the amounts claimed by the petitioner. 12. It is inter alia contended in the writ petitions that the action of .....

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much as it takes away the vested right acquired by the petitioner under the Schemes to claim Duty Credit entitlement on achievement of the incremental growth. The further contention is that the restriction imposed under the impugned Notifications dated 25.09.2013 has virtually frustrated the very object and purpose of FTP 2009-14. 13. In the counter affidavit filed on behalf of the respondents it is contended that the impugned notifications dated 25.09.2013 are only clarificatory in nature and t .....

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, appearing on behalf of the respondents. 15. While reiterating the grounds urged in the writ petitions, it is further contended by the learned counsel for the petitioner that the amendment to the Schemes vide Notification dated 25.09.2013 cannot be made applicable to the petitioner s claims which were made prior to the said Notifications dated 25.09.2013. In other words, the submission of the learned counsel for the petitioner is that the Notifications dated 25.09.2013 cannot be enforced with r .....

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larificatory and in no way affect the rights accrued to the petitioner to claim the benefit of Duty Credit. 17. Even otherwise the law is well settled that grant of concession or incentive being the privilege of the Government, the Government has right to give retrospective operation or even to withdraw the same for justifiable reasons and in public interest. While considering an identical issue, the Supreme Court by judgment dated 27.10.2015 in Civil Appeal No.554/2006 titled Director General o .....

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