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ARAVIND KUMAR, N. V. ANJARIA
Shah Nanji Nagsi Exports Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. basic facts of the case and procedural history. (Para 2 , 3 , 4 , 5 , 6) |
| 2. parties' arguments regarding meis claims. (Para 8 , 9) |
| 3. judicial analysis on procedural errors vs. substantive rights. (Para 10 , 11 , 12 , 13 , 14) |
| 4. conclusion and ruling on the case. (Para 15 , 17) |
ORDER :
1. Leave granted.
2. This appeal calls in question the judgment of the High Court of Judicature at Bombay, Nagpur Bench, rendered on 02.08.2021 in Writ Petition No. 4095 of 2019, by which the writ petition instituted by the appellant was dismissed. The High Court took the view that the error which had crept in while filing of shipping bills was attributable to the customs broker, and that the appellant, if so advised, could pursue his remedies against the broker but no relief could be granted in exercise of writ jurisdiction.
3. The facts are largely undisputed. The appellant is a private company engaged in the export of corn starch. During the period between 22.07.2017 to 05.10.2017, the appellant effected 54 (fifty-four) shipping bills under Serial No. 467 of Appendix 3B to the Foreign Trade Policy (FTP) 2015–20 and was eligible for incentive under the Merchandise Exports from India Sc
Procedural lapses corrected under law do not extinguish substantive rights under export benefit schemes.
Inadvertent procedural errors corrected under legal provisions do not invalidate substantive claims under export incentive schemes; administrative processes should facilitate, not hinder, the realiza....
The court's decision was influenced by the interpretation of the Foreign Trade Policy, 2015-2020, and the application of Section 149 of the Customs Act, 1962 in allowing the petitioner's request for ....
Procedural lapses in declaring intent on shipping bills do not negate eligibility for MEIS benefits when substantive conditions are satisfied.
Procedural mistakes should not deprive exporters of the benefit of the reward under the Merchandise Exports from India Scheme (MEIS) if they have fulfilled their export obligations.
Foreign Trade Policy - No time limit can be read into the said provision nor can it be introduced by way of a circular. It is well-settled that a subordinate legislation cannot travel beyond parent s....
Did the CESTAT fall into error in upholding the denial of the petitioner’s claim for amendment of its shipping document under section 149 of the Customs Act.
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