9911796707
TMI Blog2020 (3) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... xth respondent against the petitioner in their meeting dated 31.05.2017 and quashing the same and consequently, direct the respondents to grant Merchandise Exports from India Scheme (MEIS) benefit to the petitioner herein in respect of 44 shipping bills covered by the files (i) 04/21/090/00733/AM16, (ii) 04/21/090/00747/AM16 and (iii) 04/21/090/80074/AM17 of the fifth respondent. 2. It is the case of the petitioner that the goods exported by the petitioner are eligible for benefit under Merchandise Exports from India Scheme which has been notified under the Foreign Trade Policy. It is their case that at the time of filing of their 44 shipping bills covered by the files (i) 04/21/090/00733/AM16, (ii) 04/21/090/00747/AM16 and (iii) 04/21/090 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents 1, 5 & 6 and Ms.Hema Muralikrishnan, learned standing counsel for the respondents 2 to 4. 5. The learned counsel for the petitioner submitted that in an identical matter, a learned Single Judge of this Court has allowed the writ petition on the ground that when the system was done manually, the corrections can be made in view of the enabling provision in Section 149 of the Customs Act, but in view of prevailing E.D.I. system, the corrections cannot be done and hence, the petitioner cannot suffer for an inadvertent mistake committed by him. 6. The decisions referred to by the learned counsel for the petitioner are as follows: (a) an order of the learned Single Judge in the Madurai Bench of this Court in the case of Pasha Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4/21/090/00733/AM16, (ii) 04/21/090/00747/AM16 and (iii) 04/21/090/80074/AM17 of the fifth respondent is hereby quashed. (b) the third and fourth respondents are directed to issue no objection certificate to the fifth respondent within a period of three weeks from the date of receipt of a copy of this Order, to enable the petitioner to claim benefits under Merchandise Exports from India Scheme from DGFT, subject to the satisfaction of the third and fourth respondents with regard to the genuineness of the 44 shipping bills submitted by the petitioner. (c) On receipt of the No objection certificate from the third respondent, the fifth respondent shall act upon the said no objection certificate and pass incentive orders in favour of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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