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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