2010 (9) TMI 34 - HC - Customs

Vishesh Krushi Upaj Yojana scheme - challenge to the policy circular dated 28.2.2006 - eligible product - Mentha versus Menthol BP/USP - Held that - Since the petitioners applications have been rejected on the basis of the said circular dated 28.2.2006, we are required to relegate the said issue also to the Director General of Foreign Trade before whom the Petitioners would be entitled to make submissions as regards the applicability of the said circular to them

Summary

Issues:
Challenge to policy circular dated 28.2.2006 under "VKUY scheme," rejection letter for scheme benefit, entitlement for duty credit scrip, rejection of applications based on circular, violation of principles of natural justice.

Detailed Analysis:

1. Challenge to Policy Circular (28.2.2006):
- Petitioners challenged a policy circular under the "VKUY scheme" promoting exports of specific products.
- Circular clarified eligibility for duty credit scrip under the scheme for value-added variants listed in Appendix 37-A.
- Petitioners applied for duty credit scrip under the scheme, unaware of the circular's impact.
- Respondents rejected the application citing the circular, leading to the challenge in the petitions.

2. Rejection Letter and Entitlement for Duty Credit Scrip:
- Petitioners' application for duty credit scrip was rejected based on the circular.
- Petitioners exported Menthol Crystals, a value-added product, falling under Appendix 37A.
- Respondents' rejection was solely based on the circular's interpretation of eligible products.

3. Violation of Principles of Natural Justice:
- Petitioners contended that rejection without a hearing violated principles of natural justice.
- Court found the lack of a hearing to be a significant flaw in the Respondents' action.
- Respondents were expected to follow a fair procedure due to the civil consequences of their decision.

4. Direction for Reconsideration by Director General of Foreign Trade:
- Court set aside the impugned orders and directed the Director General of Foreign Trade to hear the Petitioners.
- Petitioners were to present their case on circular applicability and entitlement for duty credit scrip.
- Director General instructed to pass final orders within three months, allowing written submissions from the Petitioners.

5. Future Course of Action for Show Cause Notices:
- Challenge to show cause notices was kept in abeyance pending the outcome of the hearing before the Director General.
- Petitioners allowed to raise the challenge based on circular applicability after the Director General's decision.

6. Conclusion and Costs:
- Court made the rule absolute with parties bearing their respective costs.
- All contentions were kept open for further arguments before the Director General of Foreign Trade.

This detailed analysis outlines the key issues addressed in the judgment, including the challenge to the policy circular, rejection of applications, violation of natural justice, and the directions for reconsideration by the Director General of Foreign Trade, ensuring a fair hearing for the Petitioners.