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TMI Blog2019 (12) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... atters covered by the Foreign Trade (Development Regulation) Act and Rules. In the instant case the action taken by the JDGFT is traceable to the power conferred on him under the Foreign Trade (Development Regulation) Act, 1992 and hence, so long as the JDGFT has only found that there has been mis- classification, and consequent mis-declaration of goods, by the petitioners while claiming and receiving export benefits, he cannot be seen as acting without jurisdiction, or in excess of jurisdiction, while taking remedial action against the petitioner exporters. There is no jurisdictional error occasioned by the JDGFT while passing the orders impugned in these writ petitions - as per the Foreign Trade (Development Regulation) Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the 'Salmonidae' family, for claiming the benefit under the MEIS scheme. In the light of the said finding the JDGFT directed the petitioners to surrender the un-utilised MEIS scrips available with them before the said office, and also directed that, till the exporters surrendered the un-utilised scrips, or furnished Customs Receipts evidencing payment of the scrip value and interest, in terms of the Foreign Trade (Regulation) Rules, read with the Foreign Trade (Development Regulation) Act, the petitioners' company would be put under the Denied Entity List (DEL) which denies any further benefits from the said office. 2. The contention of the learned counsel for the petitioners is that, in passing the said orders, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is-declaration of goods, by the petitioners while claiming and receiving export benefits, he cannot be seen as acting without jurisdiction, or in excess of jurisdiction, while taking remedial action against the petitioner exporters. I, therefore, find that there is no jurisdictional error occasioned by the JDGFT while passing the orders impugned in these writ petitions. I also find that as per the Foreign Trade (Development Regulation) Act and Rules, there is an appeal provided against the impugned orders of the JDGFT, before the DGFT, which the petitioners can effectively pursue. Thus, without prejudice to the right of the petitioners to move the appellate authority for appropriate reliefs, the writ petitions in their challenge against E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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