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SUBRAMONIUM PRASAD
Jsw Steel Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Learned Counsel appearing for the Petitioner states that there is a typographical error in the Order dated 14.03.2024 inasmuch as this Court has recorded that the matter is squarely covered by the Judgment of the Apex Court, however, in fact the matter is squarely covered by the Judgments passed by this Court.
2. In view of the aforesaid, the Order dated 14.03.2024 stands corrected accordingly.
3. The Petitioner has approached this Court with the following prayers:
"a. Issue a Writ of Certiorari, or a Writ in the nature of Certiorari, or any other appropriate Writ, order or direction, to call for, examine and quash the orders issued in the PRC Meeting No. 31/AM19 dated 19.02.2019 (Case No. 17 & 18), 15/AM20 dated 13.08.2019 (Case No. 12 & 13), 15/AM21 dated 03.11.2020 & 11.11.2020 (Case No. 9 & 1 0);
b. Issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, order or direction:
(i) directing the Respondent No. 2/3 to accept, consider and process a manual application from the Petitioners in lieu of the online application for MEIS benefits in respect of exports for which the Respondent Nos. 6, 8 and 9 have issued no objection certifi
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.
The judgment emphasizes the mandatory requirements under the MEIS scheme and the need for correction of shipping bills by the Customs Department before seeking relief from the DGFT.
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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