2018 (8) TMI 2154 - HC - Customs

Validity of Complete and overall cap on the duty credit scrip - Incremental Export Incentivisation Scheme ( IEIS ) - misuse of the scheme - HELD THAT - Shri P. Prasad, learned counsel for respondent No.3 submits that said judgment of Bombay High Court has been followed by the Delhi High Court also in the case of M/s Welldone Exim Pvt. Ltd. (formerly known as M/s G.D. Mangalam Exim Pvt.Ltd.) Vs. Director General of Foreign Trade and another 2018 (4) TMI 979 - DELHI HIGH COURT whereby the Delhi High Court relying upon the judgment of JSW Steel Ltd 2016 (1) TMI 957 - BOMBAY HIGH COURT has allowed the writ petition and directed the Regional authority to examine the case of the petitioner for grant of export incentive and pass a reasoned and speaking order and the application would not be rejected on the ground that total amount being claimed exceeded Rs.1 Crore during the financial year 2013-2014. Thus, we relying upon the judgment in the case of JSW Steel Limited Vs. Union of India, direct the respondents to follow the directions issued by the Bombay High Court and comply with the order within a period of 8 weeks from the date of receipt of certified copy of this order. With the aforesaid, the petition stands disposed of.

Summary

Issues:
1. Petition for issuance of writ of mandamus or any other writ directing the respondents to grant or issue IEIS duty credit scrips.
2. Quashment of clarification Circular No. 01/61/180/188/AM13/PC3 dated 23.09.2014.
3. Interpretation of the 2013 Notification regarding the cap or restriction on the value of the IEIS scrip.

Analysis:
1. The petitioner sought the issuance of writ directing the respondents to grant IEIS duty credit scrips based on an application submitted on a specific date. The petitioner also requested the quashing of a clarification circular from 2014. The Bombay High Court had previously quashed a similar clarification in the case of JSW Steel Limited Vs. Union of India. The High Court held that the 2013 Notification did not impose a cap or restriction on the value of the IEIS scrip, directing the authorities to consider the applications on merits without regard to the impugned clarification.

2. The counsel for respondent No.3 referred to a judgment by the Delhi High Court in a related case, M/s Welldone Exim Pvt. Ltd. Vs. Director General of Foreign Trade, where the court followed the Bombay High Court's decision in JSW Steel Ltd. The Delhi High Court allowed the writ petition, directing the regional authority to examine the petitioner's case for export incentives without rejecting it solely based on the claimed amount exceeding a certain limit during a specific financial year. The High Court in the present case directed the respondents to comply with the Bombay High Court's directions within eight weeks.

3. The High Court relied on the judgment in JSW Steel Limited Vs. Union of India to decide the issue of interpretation of the 2013 Notification regarding the cap or restriction on the value of the IEIS scrip. The court directed the respondents to follow the directions issued by the Bombay High Court and comply with the order within a specified time frame. As a result, the petition was disposed of based on the precedents set by the Bombay and Delhi High Courts in similar cases, ensuring that the authorities consider applications for export incentives without imposing arbitrary limits based on the value claimed.