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Issues involved: Petition to quash minutes of 'Norms Committee Meeting', orders reducing import entitlement, and advising against incentives, seeking redemption certificate.
Summary: Issue 1: Import entitlement and duty deposit The petitioner, a public limited company, applied for an advance license under the Exim Policy, declaring items for import and export. Discrepancies arose regarding the quantity of goods imported and exported, leading to a demand notice for duty and interest. Despite fulfilling export obligations, the petitioner faced challenges with import entitlement reduction and duty deposit demands. Issue 2: Meeting outcomes and rejection Meetings were held to reconsider the petitioner's case, with contentions regarding timely approach and fulfillment of obligations. The petitioner sought regularisation based on the excess consumption of Taffeta fabric in export products. However, the case was rejected on grounds of belated approach and previous committee decisions, leading to the petitioner filing a petition challenging the rejection. Issue 3: Legal arguments and precedent Legal arguments were presented citing a Division Bench judgment where compliance with license obligations was upheld despite subsequent changes. The petitioner's case was likened to the precedent, emphasizing the principle of estoppel against revenue demands arising from post-import changes. The court found the precedent applicable to the current case and directed the issuance of the redemption certificate to the petitioner. In conclusion, the High Court allowed the writ petition based on the precedent's applicability, directing respondent No. 2 to issue the redemption certificate requested by the petitioner, with no costs imposed.
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