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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

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 - DGFT - Trade Notice No.07/2018 - Dated:- 8-5-2017 - Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi Trade Notice No.07/2018 Date: 8th May 2017 To 1. All RAs of DGFT 2. Customs .....

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free foreign exchange subject to a minimum export turnover of ₹ 25 crore in free foreign exchange in the growth year. The duty free entitlement in the form of Duty Credit Scrip was 10% of the incremental growth in exports. b. Litigation: Certain amendments were made vide Notification No. 28 dated January 28, 2004 in the DFCE Scheme. Vide Public Notice No. 40 dated 28.01.2004, the Government announced exclusion of export performance in relation to certain classes of goods from computation .....

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d in various High Courts and finally in the Supreme Court. The Hon'ble Supreme Court has held that: I. the Notification No.28 dated 28.01.2004 is clarificatory and validity of the same has been upheld (Para 85 of the Judgement). ll. the Public Notice No. 40 dated 28.01.2004 is ultra vires (Para 96 of the Judgement) III. decisions taken in the Notifications No 38 dated April 21st, 2004 and No. 40 dated 23rd April , 2004 did not take away any vested right of the petitioner exporters and amendm .....

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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 High Court granting these exporters benefit of the scheme for the past period is set aside"(para 114 of the Judgment). d. Implementation: Hence, as per the Judgement of the Hon'ble Supreme Court, the recoveries, if any, of DFCE shall be processed as per the decision of the Hon'ble Supreme Court as per procedure .....

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