Implementation of the Hon'ble Supreme Court's Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to recovery of Duty Free Credit Entitlement (DFCE) Scheme Scrips for the exports made in the year 2003-04

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... irectorate General of Foreign Trade Udyog Bhawan, New Delhi Trade Notice No.07/2018 Date: 8th May 2017 To 1. All RAs of DGFT 2. Customs Authorities Subject: Implementation of the Hon'ble Supreme Court's Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to recovery of Duty Free Credit Entitlement (DFCE) Scheme Scrips for the ex .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... entitlement under the Scheme and, at the same time, sought to disallow the import of agricultural products falling under Chapters I to XXIV of ITC (HS) under the said scheme. This was followed by Notification No. 38 dated April 21, 2004 and Notification No. 40 dated April 23, 2004 on the same lines on which Public Notice dated January 28, 2004 was issued. c. Judgement: The above Noti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed under Section 5 could not be retrospective in nature, such retrospectivity has not deprived the writ petitioners/exporters of their right inasmuch as no right had accrued in favour of such persons under the Scheme. This Court or for that matter the High Court, in exercise of its writ jurisdiction, cannot come to the aid of such petitioners/exporters who, without making actual exports, play wi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mmittees. Any applications/cases of misuse pending in any other Regional offices shall be placed before the respective Zonal Committees for appropriate decision and the Head of such RA shall be a member for such cases in the respective Zonal Committees. ll. Irregular cases: No legal right shall accrue to the exporters who misused Duty Free Credit Entitlement (DFCE) Scheme as established in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X