9911796707
TMI Blog2023 (7) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... ertiorari under Article 226 and 227 of the Constitution quashing that part of para 3.10A of the Impugned Notification dated 23.09.2021 which imposes a ceiling of INR 5 crores on the entitlements under the SEIS scheme for FY 2019-20, being manifestly arbitrary and thus violative of Article 14 and Article 19(1)(g) of the Constitution and being ultra vires the powers conferred on the respondent no. 1 under section 5 of the FTDR Act; b) that this Hon'ble Court be pleased to issue (i) a Writ of Certiorari or any other appropriate writ, order or direction in the nature of certiorari under Article 226 and 227 of the Constitution of India quashing that part of the Impugned Notification dated 23.09.2021 which has the effect of reducing the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pliance with changes brought about by impugned notification dated 23.09.2021; and (c) the respondents shall not enforce upon the petitioner paragraph 3.10B in the FTP (inserted by the impugned notification) which mandates that the SEIS claim for fy 2019-20 should be filed by 31.12.2021 and all claims "shall get time barred after 31.12.2021"; d) That this Hon'ble Court may be pleased to grant ad-interim relief in terms of prayer clause (c) above. 3. The petitioner is assailing the notification dated 23 September, 2021 contending that the notification adversely affects the petitioner inasmuch as with retrospective effect the benefit entitled to the petitioner under SEIS for the period from 2019-2020, stands curtailed at Rs. 5 crores a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to obtain instructions. The instructions received by Ms. Bharucha, to the extent relevant, read as follows: - " The firm is not eligible for availing benefits in excess of cap as imposed (i.e. Rs 5 Cr per IEC) and for service categories not notified in the Appendix 3X for service exports made in the FY 2019-20. There cannot be a manual submission. All claims are required to be filed online for SEIS. If firm is filing a claim under any of the eligible categories, the firm can apply online, however the scrip issuance cannot be more than Rs 5 Cr per IEC, irrespective of the claimed amount." (bold in original) 2. In view of the above instructions, we are not inclined to permit the petitioner to submit any application manually. How ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the petitioner is that the petitioner is entitled to duty credit scrip in respect of such foreign exchange earning inasmuch as the said earnings were made in due consideration to the policy which was prevailing at that point of time, i.e., FTP 2015-2020 before its amendment by insertion of paragraph 3.10A read with Appendix 3X insofar as the rate is concerned by the impugned notification. 8. In our opinion, without delving into the merits of the rival contentions, in the peculiar facts and circumstances of the case, it would be appropriate that the petitioner is permitted to make an application to the Designated Officer of the respondents to make a claim for the entitlement to the balance foreign exchange as earned and to that effect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
