2017 (6) TMI 1271 - HC - Customs

Benefit to the Petitioner of the incentives which is claimed pursuant to Notification No.43 (RE2013)/200914 dated 25th September, 2013 - Held that - The issue is covered by the decision in the case of JSW STEEL LIMITED 2016 (1) TMI 957 - BOMBAY HIGH COURT , where it was held that The 2013 Notification places no cap or restriction on the value of the IEIS scrip - Petition allowed.

Summary

Issues: Petitioner assails deficiency letters refusing incentive benefits claimed under Notification No.43 (RE2013)/200914. Interpretation of previous judgments and applicability to the present case.

Analysis:
The judgment by the High Court of Bombay delves into the dispute brought forth by the Petitioner challenging deficiency letters issued by the Respondents, denying the Petitioner the benefits of incentives claimed under Notification No.43 (RE2013)/200914. The Court, after hearing arguments from both parties, referred to previous decisions to establish the legal standing of the matter. Notably, the Court referenced a prior judgment in Writ Petition No.2548 of 2016, which had considered the same notification and aligned with a Division Bench judgment in Writ Petition No.1750 of 2015, JSW Steel vs. Union of India & Ors. The Court had disposed of the mentioned Writ Petition based on these considerations. In the current case, the Court adjourned the matter to allow the Respondents to demonstrate the inapplicability of the aforementioned orders. Subsequently, after hearing the Respondents' Senior Counsel, the Court found that the judgment in JSW Steel would benefit the present Writ Petition, and the notification in question was also the subject of the prior Writ Petition. Consequently, the Court made the Rule absolute in alignment with the Division Bench judgment in JSW Steel vs. Union of India & Ors., directing the Respondents to comply within eight weeks without imposing any costs.