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VIVEK RUSIA, AMAR NATH (KESHARWANI)
Adroit Industries (India) Limited – Appellant
Versus
Union of India – Respondent
ORDER
Vivek Rusia, J. - The petitioners have filed the present petition seeking the following relief/s :
'(i) That this Hon'ble Court be pleased to declaration relaxation/condonation of the procedure lapse of non-mentioning of MEIS scheme in the shipping bills at the time of export as arbitrary and discriminative.
(ii) That this Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate Writ, order or direction ordering and directing the Respondent No.2 by themselves, their sub ordinate servants to award the MEIS to the petitioner on export of their products through the Shipping Bills issued during 2017-18 & 2018-19.
(iii) That this Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate Writ, order or direction ordering and directing the Respondent No.5 by themselves, their sub ordinate servants to issue no objection certificate in favour of the petitioner to certify that the goods were exported by the petitioner and they have realised the export proceeds.'
1. Petitioner No.1 is a Private Limited Company having its registered office at 1003, Meadows Building, Sahar Plaza Complex, JB Nagar, Andheri (East), Mumbai and factory at 44-59, Sector D2
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.
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.
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....
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 ....
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.
Inadvertent errors in marking 'Y' or 'N' in the reward column of shipping bills should not result in the denial of MEIS benefits.
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