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2017 (2) TMI 240 - DELHI HIGH COURT

2017 (2) TMI 240 - DELHI HIGH COURT - TMI - No speaking order - Held that: - Perusal of the above impugned order dated 12.02.2016 shows that the said order merely quotes the paras of the Foreign Trade Policy and the directions issued by the Division Bench. The order does not also deal with any of the submissions made by the petitioner. There is no rationale or reasoning in the impugned order dated 12.02.2016 elucidating to how and why the petitioner is not entitled to the issuance of the Duty Cr .....

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ed by an inaction of the respondents in complying with the directions issued by a Division Bench by judgment dated 07.01.2016 in W.P.(C) 6732/2015 titled T.T. Limited vs. Union of India & Anr., whereby, the Division Bench directed the respondent No.2 to ensure that a speaking order is passed in terms of Clause (ii) of paragraph 3.14.4 (c) and 3.14.5(c) of Foreign Trade Policy, 2009 - 2014 regarding the claims made by the petitioner. The exercise was directed to be completed within a period o .....

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. In this connection, I want to bring the following facts to your kind notice. (a) As per para 2.9 of FTP 2009-2014, No person may claim an authorization as a right and DGFT or RA shall have power to refuse to grant or renew the same in accordance with the provisions of FT (D &R) Act, 1992 as amended, Rules made there under and FTP. (b) As per para 1.3 of FTP 2009-14, Central Government reserves the right in public interest to make any amendments by notification to this policy in exercise of .....

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ce (from file no. 01/61/180/188/AM 13/PC 3 dated 23.09.2014), produced as under: It is informed that sub-paragraphs (i) and (ii) of each notification are independent para in both the notification Nos.44 and 43 dated 25.09.2013. The limiting of claim is clearly mentioned in the first sub-para of both notifications which fixes the upper limit of grant of benefit. (The second sub-para in both the notifications only directs RAs to exercise caution while dealing with cases of incremental growth of ex .....

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r held as under: (i) "101. We may state, at the outset, that the incentive scheme in question, as promulgated by the Govt., 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 with .....

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nconstitutional………… In view of above mentioned facts, it is observed that this office has correctly issued the scrips (bearing nos. 0519000005 of ₹ 1005828/- & 0519029543, 0519029544 for ₹ 10000000/-) to you according to policy and procedure in place and in real soul and sprit. 4. Learned counsel for the petitioner submits that the judgment in the case of M/s. Kanak Export (supra), referred to in the impugned order, was not applicable in the facts of t .....

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