Implementation of the Hon'ble Supreme Court's Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to recovery of Duty Free Credit Entitlement (DFCE) Scheme Scrips for the exports made in the year 2003-04

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..... oreign Trade Udyog Bhawan, New Delhi Trade Notice No.07/2018 Date: 8th May 2017 To 1. All RAs of DGFT 2. Customs Authorities Subject: Implementation of the Hon'ble Supreme Court's Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to recovery of Duty Free Credit Entitlement (DFCE) Scheme Scrips for the exports made in the year 2003-04. a. Duty Free Credit .....

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..... the import of agricultural products falling under Chapters I to XXIV of ITC (HS) under the said scheme. This was followed by Notification No. 38 dated April 21, 2004 and Notification No. 40 dated April 23, 2004 on the same lines on which Public Notice dated January 28, 2004 was issued. c. Judgement: The above Notifications dated 28.01.2004, 21.04.2004 and 23.04.2004 and the Public Notice dated 28 .....

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..... titioners/exporters of their right inasmuch as no right had accrued in favour of such persons under the Scheme. This Court or for that matter the High Court, in exercise of its writ jurisdiction, cannot come to the aid of such petitioners/exporters who, without making actual exports, play with the provisions of the Scheme and try to take undue advantage thereof. To this extent, direction of Bombay .....

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..... ctive Zonal Committees for appropriate decision and the Head of such RA shall be a member for such cases in the respective Zonal Committees. ll. Irregular cases: No legal right shall accrue to the exporters who misused Duty Free Credit Entitlement (DFCE) Scheme as established in the investigations of Revenue Department (DRI/Customs). All cases of reported misuse of DFCE shall be subject to rigoro .....

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