9911796707
TMI Blog2018 (9) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/- only, as against the petitioner’s claim to the tune of ₹ 33,68,02,996.70/- is held to be without jurisdiction, arbitrary, illegal and capricious and contrary to the provisions of the Policy and the Handbook of Procedures - petition allowed. - W.P.(C) 12220/2016 - - - Dated:- 30-8-2018 - MR. SIDDHARTH MRIDUL J. Advocates who appeared in this case: For the Petitioner: Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inserting paragraph 3.14.4 in Foreign Trade Policy 2009-14. 5. As is evident from the nomenclature of the subject scheme, the objective of the same was to incentivize the incremental exports. 6. The petitioner, as an IEC holder was entitled to the benefits of the subject scheme for the year 2013-14. 7. However, subsequent thereto, vide notification dated 23.09.2014, a clarification regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder. The application would not be rejected on the ground that total amount being claimed exceeded ₹ 1 crore during the financial year 2013-14. However, the greater scrutiny in terms of clause (ii) of paragraph 3.15.5 (c) read with paragraph 3.8.3 (e) (ii) would be undertaken. The aforesaid exercise would be completed within 10 weeks from the date of copy of this order is served on the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrary to the provisions of the Policy and the Handbook of Procedures. The same is accordingly set aside and quashed. 11.The writ petition is accordingly allowed, with a direction to the Regional Authority to examine the case of the petitioner for grant of export incentive and pass a reasoned and speaking order in this behalf. The petitioner s application will, however, be not rejected on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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