9911796707
TMI Blog2020 (3) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... uld apply in a case of pre-export DFIA and not in a case of post-export DFIA. Therefore, the whole complexion of the decision of the Committee has changed as it does not deal with the actual issue raised by the petitioner in its representation/application which was to be dealt with by the said Committee. In such circumstances, the Committee is required to look into this matter again with reference to the fact that the case of the petitioner is post-export DFIA and not pre-export DFIA. The matter is remanded back to the Policy Relaxation Committee to decide the same afresh - Petition allowed by way of remand. - C.W.P. No. 14611 of 2018 - - - Dated:- 17-10-2019 - Rakesh Kumar Jain and Arun Kumar Tyagi, JJ. Shri Jagmohan Bansal, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the limit of export as they had exported 43700 MT rice against required export of 15000 MT. The said request of the petitioner was declined on the ground that the license had already been expired. The petitioner by letter dated 11-8-2016 applied for transferability of DFIA as petitioner was not inclined to import goods but sell DFIA in open market. The petitioner made an application to the Joint DFGT, Amritsar for transferability of the license and transfer of license for a period of at least three months from the date of issuance of transferability. The matter was put up before the Policy Relaxation Committee which held its meeting on 6-12-2017 to consider the request of the petitioner for grant of condonation of delay in applying for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods imported are used to manufacture the goods for the purpose of further export whereas in the case of post-export, the goods manufactured are exported at the first instance and the goods are imported to be used for manufacturing. It is submitted that as per para 4.29 of the Policy i.e. the Foreign Trade Policy for the year 2015-2020 in the matter of post-export, the period of import has to be calculated after the completion of the export and realisation of the proceeds. Paragraph 4.29 of the said policy is reproduced as under :- Validity Transferability of DFIA : (i) Applicant shall file online application to Regional Authority concerned before starting export under DFIA. (ii) Export shall be completed within 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has referred to actual user condition which comes into play only when the goods are imported first for the purpose of manufacture and then exported. Whereas the case of the petitioner is reverse i.e. post-export. 4. Counsel for the respondent has contested the petition on the basis of reply filed on behalf of respondent Nos. 1 to 3 contending that the policy for the year 2015-2020 cannot be taken into consideration and also that the petitioner did not make any hue and cry during the subsistence of the validity period. 5. We have heard Learned Counsel for the parties and perused the record with their able assistance. The issue involved in this case as to whether PRC i.e. Policy Relaxation Committee has rightly considered the grievance ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
