2022 (2) TMI 129 - HC - Customs

SEIS - benefits in excess of cap as imposed (i.e. ₹ 5 Cr per IEC) - prayer for manual submission of claim - HELD THAT - We are not inclined to permit the petitioner to submit any application manually. However, without prejudice to its rights and contentions, the petitioner will be at liberty to file online application for SEIS benefits and if such application is received, the same shall be processed in accordance with law. Let reply affidavit be filed by the respondents by January 17, 2022; rejoinder thereto, if any, may be filed by January 21, 2022. The writ petition may be listed for further consideration on January 25, 2022.

Summary

Issues:
1. Manual submission of application for SEIS benefits.
2. Cap on benefits for service exports in FY 2019-20.
3. Requirement of online filing for SEIS claims.
4. Processing of online applications.
5. Impugned notification dated September 23, 2021.
6. Timeline for filing reply affidavit and rejoinder.
7. Equity among parties in Writ Petition No. 26441 of 2021.

Analysis:

1. The High Court deferred the hearing of the writ petition to allow the respondent's advocate to obtain instructions regarding the eligibility of the firm for SEIS benefits. The instructions received indicated that manual submission of the application was not permitted. The petitioner was advised to file online applications for SEIS benefits. Any decision on the application or denial of benefits would be subject to the outcome of the writ petition.

2. The instructions clarified that the firm was not eligible for benefits exceeding the cap imposed, which was Rs. 5 crore per IEC, and for service categories not notified in Appendix 3X for service exports in the financial year 2019-20. The court emphasized that all claims must be filed online for SEIS benefits, and scrip issuance could not exceed Rs. 5 crore per IEC, regardless of the claimed amount.

3. The court allowed the petitioner to file online applications for SEIS benefits, and if such applications were received, they would be processed in accordance with the law. The order specified that any decision made on the application or denial of benefits due to the impugned notification dated September 23, 2021, would be subject to the outcome of the writ petition.

4. The respondents were directed to file a reply affidavit by January 17, 2022, and any rejoinder was to be filed by January 21, 2022. The writ petition was scheduled for further consideration on January 25, 2022. The court made it clear that this arrangement did not create any equity in favor of any party.

5. The court extended the order to govern the parties in another related writ petition, ensuring consistency in the treatment of similar cases. The judgment provided a clear directive on the procedure for filing applications for SEIS benefits, the cap on benefits, and the importance of online submission for processing and consideration in accordance with the law.