TMI Blog2022 (12) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... titioners in these writ petitions and accordingly the impugned orders of rejection of the petitioners aforesaid applications for grant of DFIA in question are set aside. The matters are remanded back to the respondents/authority concerned to reconsider the aforesaid applications and pass reasoned and speaking orders in all the aforesaid applications after giving opportunity of hearing to the petitioners or their authorised representatives and petitioners will be entitled to urge before the respondents/authority concerned all the points raised in these writ petitions, within eight weeks from the date of communication of this order without granting any unnecessary adjournment to the parties. Petition allowed by way of remand. - WPO 1286 of 2013, WPO 922 of 2014, WPO 949 of 2014 WPO 950 of 2014 WPO 952 of 2014 WPO 953 of 2014 WPO 974 of 2014 WPO 976 of 2014 WPO 977 of 2014 WPO 980 of 2014 WPO 981 of 2014 - - - Dated:- 1-12-2022 - HON BLE MR. JUSTICE MD. NIZAMUDDIN For the Petitioners :- Mr. Abhrotosh Majumder, Sr. Adv. Mr. Aryak Dutt, Adv. Mr. Dipankar Das, Adv. Ms. Nilanjana Adhya For the Respondents :- Mr. Vipul Kundalia , Adv. Mr. Sunil Singhania, Adv. Mr. Sidd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty Free Import of inputs, which are physically incorporated in the export product. (d) Paragraph 4.2.2 of the FTP (2009-2014) states that in case post export DFIA, a merchant exported shall be required to mention the names and addresses of the manufacturers of the export products. Applicant is required to file application to the concerned Regional Authority (RA) before effecting exports under DFIA. (e) Paragraph 4.2.5 of the FTP (2009-2014) states that the procedure and time period related to fulfilment of Export Obligation has been laid down in Chapter 4 of the Handbook of Procedure Volume 1 (HBP Vol-I). (f) Paragraph 4.2.6 of the FTP (2009-2014) relates to transferability of the Authorisation which states that once export obligation has been fulfilled request for transferability of Authorisation or inputs imported against it may be made before the concerned RA and once transferability is endorsed the authorisation holder may transfer such DFIA. The Handbook of Procedure Volume 1 (2009-2014) in Chapter 4.31 to 4.36A relates to Duty Free Import Authorisation Scheme which are referred and discussed herein below: (a) Paragraph 4.32 of the HBP Vol-I states th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the FTP (2009-2014) and HBP Vol-I. Respondents submitted that the aforesaid letter dated 06.02.2012 was replied by the petitioner by letter dated 02.04.2012. The respondents by their letter dated 17.08.2012 asked the petitioner to provide quality and specification of inputs/import items as paragraph 4.3.2 of the Handbook of Procedure is required. In reply the petitioners by their letter dated 07.09.2012 gave all the generic names of pesticides which are used for cotton cultivation in India without giving specific pesticide used by them in the export product which they intend to import under the scheme. Since such evasive reply was given, the respondent once again by their letter dated 10.10.2012 asked for clarification for technical characteristics, quality and specification and further stated that the CIF Value claimed against pesticide was 76.34% of FOB value which is abnormal and the petitioner was asked to justify about the same and another evasive reply came from the petitioner dated 18.10.2012. In the reply dated 18.10.2012 the petitioner referred to the decision of the DGFT in its meeting of the Norms Committee held on 31.05.2012. The decision of the committee whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the applications of your petitioner for amendment and transferability of all the 5 (Five) DFIA Licenses were made way back during the period from January 2012 to August 2012 and no cogent reason has been given by the respondent Licencing Authorities for sitting over the matter for such a long time and finally rejecting all the aforesaid applications on identical grounds which are outside the scope of law, whimsical and biased according to the petitioners. Petitioners submit that once export obligations have been fulfilled in terms of the Exim Policy Conditions for DFIA benefits, request for amendment and transferability of DFIA Licences or the input imported against it was made before the respondent Licencing Authority, it is incumbent upon the respondents to grant such request for amendment transferability. Respondents submit that similar rejections were made in respect of other five DFIA and justify such rejection. Respondents submit that in supplementary affidavit in opposition affirmed by Sri Utpal Kumar Acharya on 23rd August, 2018 to the reply by the Commission for Agricultural Costs and Prices Ministry of Agriculture and Farmers Welfares. By this let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions in the shipping bill. This policy circular has been made to instruct the RA s to comply with the said paragraph of the HBP Vol-I. Respondents submitted that the transferability of the five DFIA s was rightly rejected by the respondent DGFT since the petitioner did not fulfil the Export Obligations and did not fulfil the stipulations of the FTP (2009-2014) and the stipulations of HBP Vol-I (2009-2014) and regarding the other writ petitions the transferability of the DFIA s were rightly rejected in terms of the Foreign Trade Policy 2009-2014 and the Handbook of Procedures (volume 1)2009-14 as would be reflected from the several dismissal orders as annexed to the respective writ petitions. Considering the facts and circumstances of the case as appears from record and submission of the parties and taking into consideration the contents of the impugned orders in all these writ petitions rejecting the petitioners applications for grant of transferability in respect of Duty Free Import Authorisation (DFIA) in question which according to me are lacking sufficient reason and not dealt with and discussed the relevant legal contentions raised by the petitioners in these writ peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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