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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Konkan Specialty Polyproducts Private Limited, Represented By Its Director, Sri Vivek C. Bondal, S/o. C. S. L. Bondal – Appellant
Versus
Union Of India Through The Secretary – Respondent
| Table of Content |
|---|
| 1. petition for meis benefit request. (Para 1) |
| 2. arguments presented by parties on meis. (Para 2 , 3) |
| 3. details of petitioner's application for meis. (Para 4) |
| 4. rejection of meis claims challenged in court. (Para 5 , 7) |
| 5. previous court decisions guiding meis claims. (Para 8) |
ORDER :
S.R.KRISHNA KUMAR, J.
1. In this petition, the petitioners seeks the following reliefs:
i) Issue a writ of mandamus or any other writ or direction or order to the Respondent No.2 and 3 to allow the benefit of the reward under MEIS to the Petitioner in respect of all the shipping bills mentioned in the application dated 25.04.2022 vide ANNEXURE-A which was submitted to the Respondent No.2 and direct the other respondents to implement the same in a time bound manner in the interest of Justice and equity.
ii) Issue a writ of certiorari or any other writ or order or direction of appropriate nature to call for the records of the case and after scrutinizing the same, to strike down and quash the impugned email dated 22-01-2022 sent by Respondent No.3 vide Annexure-B in the interest of Justice and equity.
iii) Grant such other consequently reliefs as this Hon'ble court may think fit in the interest
Inadvertent procedural errors corrected under legal provisions do not invalidate substantive claims under export incentive schemes; administrative processes should facilitate, not hinder, the realiza....
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.
Procedural lapses in declaring intent on shipping bills do not negate eligibility for MEIS benefits when substantive conditions are satisfied.
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.
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....
Procedural lapses corrected under law do not extinguish substantive rights under export benefit schemes.
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 ....
The exporter/appellant’s fault here is that it did not file the requisite declaration. In all other respects, i.e. as to whether they conform to the description in the shipping documents and the valu....
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