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2022 Supreme(Online)(Kar) 33642

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
M/S SURETEX PROPHYLACTICS (INDIA) PVT LTD – Appellant
Versus
DIRECTOR GENERAL OF FOREIGN TRADE – Respondent


The petitioner is engaged in the manufacture of

industrial rubber goods as also rubberized fabrics and

miscellaneous rubber specialties that are suitably

classified under the Customs Tariff. The petitioner has

not been able to avail the benefit of Merchandise

Exports from India Scheme (MEIS) introduced under

chapter III of the Foreign Trade Policy (FTP) for the

financial years between 2015 - 2016 and 2017 - 2018.

The petitioner has not been able to avail such benefit

because the petitioner, who operates under the

Electronic Data Interchange (EDI), has not indicated the

option of intent to avail the benefit as required in law.

4

2.

The petitioner to avail this MEIS benefit had

to choose the option of 8Y9 as against the option of 8N9 in

the EDI Shipping Bills but the petitioner has chosen the

option of 8N9 indicating that it will not avail the benefit.

The petitioner9s case is that there is an inadvertent error

in choosing 8N9 over 8Y9, and the petitioner has been

repeatedly approaching the Customs Department for

amendment of the shipping bills to avail the benefit.

While the Deputy Commissioner [Exports] by order

dated

22.10.2020

has

rejected

the

petitioner9s

application for amen

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