2018 (4) TMI 1261

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..... to the learned Assistant Solicitor General of India appearing for the respondents to which certain time was sought for the response. The learned Assistant Solicitor General of India states on instructions that the respondents wish to engage a senior counsel for working out the writ petition. We had heard the matter for a long time on more than a couple of occasions and we find that the petitioner has made out a very strong prima facie case on the basis of the paragraphs in the Duty Free Import Authorization Scheme for issuance of the authorization, as they appear to have completed all the formalities for the issuance of the authorization and almost 17 such authorizations had been issued in favour of the petitioner on similar set of facts .....

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..... customs duty. We find that as per the Duty Free Import Authorization Scheme which is still in force, the petitioner has applied for the authorization. The lis involved in this writ petition would be purely between the petitioner on one hand and the Union of India on the other, as the Union of India has floated the Duty Free Import Authorization Scheme and the petitioner has applied for the same. If the applicant is aggrieved by the application of the Duty Free Import Authorization Scheme to the parties like the petitioner on the ground that it would allegedly affect its business, the appropriate remedy for the applicant would be to challenge the Duty Free Import Authorization Scheme and not to be an intermeddler in a petition where the appl .....

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..... on Scheme is floated by the Central Government under the Foreign Trade Policy and as per the said scheme, if an applicant follows the conditions that are laid down in paragraphs 4.25 to 4.29 of the Duty Free Import Authorization Scheme, the applicant would be entitled to the authorization which would entitle the applicant for exemption from payment of customs duty. We find that as per the Duty Free Import Authorization Scheme which is still in force, the petitioner has applied for the authorization. The lis involved in this writ petition would be purely between the petitioner on one hand and the Union of India on the other, as the Union of India has floated the Duty Free Import Authorization Scheme and the petitioner has applied for the sam .....

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