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BHARGAV D. KARIA, NIRAL R. MEHTA
Ball Aerosol Packaging India Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
ORDER :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. Anand Nainawati for the petitioner and learned advocate Mr. C.B. Gupta for the respondent nos. 1,4 and 5.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
(b) that this Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus, a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction directing Respondent No. 4 or his officers including Respondent No.5 to amend the Shipping Bills manually and allow the Petitioners to claim benefit under the said MEIS scheme.
(c) that this Hon'ble Court may direct the Respondents to allow modification in the online system to enable the Petitioners to correc
Procedural lapses in declaring intent on shipping bills do not negate eligibility for MEIS benefits when substantive conditions are satisfied.
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.
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.
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 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....
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 corrected under law do not extinguish substantive rights under export benefit schemes.
The customs authorities lack jurisdiction over MEIS benefits granted by DGFT; misclassification does not imply mens rea necessary for imposing penalties under the Customs Act.
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