9911796707
TMI Blog2015 (1) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... s lumpsum turnkey execution of projects for various industrial plants as set out in first para of this Writ Petition. The Petitioner claims that majority of these overseas assignment of the Petitioner are of the nature and undertaken either independently or together with the parent company or its group companies. The Petitioner is a recognized export house and for last 14 years. 3] The authorities under the Foreign Trade Development and Regulation Act, 1992 are being approached on the footing that the application was made by the Petitioner on 24th January, 2014 for availing the benefit of duty credit entitlement under the Served From India Scheme (for short referred to 'SFIS'). That application was dealt with by the authority and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing raised before us, we inquired on the earlier occasion from Mr. Jetly as to why a senior level officer of Ministry of Commerce, Government of India, cannot consider the grievance of the Petitioner and with a independent and impartial mind. At our request Mr. Jetly sought certain instructions. 6] Mr. Jetly has been fair to submit before us that the authorities initially confused themselves and submitted before this Court that the matter of this nature need not be examined by the Court because there are alternate remedies provided under the Act itself and to question an adjudicatory process. The provisions in that regard including of an Appeal and review have been brought to our notice in the affidavit filed in reply and during oral subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamine these issues as not only they are intricate but essentially of a policy decision and to be taken by the executive. It is in the larger public interest and of promoting foreign trade and equally developing but regulating it that the state or the Central Government before us must take such decisions. It may be that the Director General or his colleagues are of a particular view but our anxiety is that matters and issues brought like the Petitioner before us ought to be examined by the Ministry and at the Ministry level so that any doubt or confusion with regard to interpretation of the policy are cleared and the Petitioner can then take a definite stand. 8] We would now expect a secretarial level officer as has been assured, namely, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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