2018 (11) TMI 773 - HC - Customs

Incremental growth done in exports - duty credit scrips - period 1st April, 2013 to 31st March, 2014 - Held that - The issue stands concluded in favour of the petitioners by the decision of this Court in Welspun Global Brands Ltd. 2017 (6) TMI 1209 - BOMBAY HIGH COURT , where it was held that the 2013 Notification places no cap or restriction on the value of the IEIS scrip - the petitioners are entitled to the relief sought for by them in this petition - petition allowed.

Summary

Issues:
Challenge to order of Additional Director General of Foreign Trade rejecting duty credit scrips application.

Analysis:
The petition under Article 226 challenges the order dated 27th March, 2017, rejecting the petitioners' application for duty credit scrips. The petitioner's counsel argues that previous decisions by the Court support the petitioners' claim. The respondent Revenue opposes relief, citing a distinction in incentive schemes under different notifications. However, the Court notes that previous decisions have granted relief under similar circumstances. The Court finds that the issue is concluded in favor of the petitioners based on previous rulings. As the respondents have not challenged these rulings, they are bound by them. Thus, the Court quashes the impugned order and directs the respondents to allow the petitioner's application within nine weeks.