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TMI Blog2020 (3) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 and claims to be a manufacturer-exporter of industrial valves and parts thereof/other accessories with a significant part of its revenue coming from exports. It has been claimed that the petitioner has also been granted Importer Exporter Code (IEC) Number 0488005043 on 24.05.1988 under Section 7 of the Foreign Trade (Development and Regulation) Act, 1992. The petitioner claims that the Central Government in exercise of its power under Section 5 of the Foreign Trade (Development and Regulation) Act, notified the Foreign trade Policy, 2009-2014 with effect from 27.08.2009. 3. In the present case, the petitioner is involved with the Foreign Trade Policy with respect to Additional items/markets for incentives. According to the learned Senio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jarat High Court had gone extensively into the issue in the Special Civil Application Nos.11262, 11263, 11264 and 14808 of 2016 instituted by Intolcast Private Limited and another Vrs Union of India and another. The issues raised before the Gujarat High Court were also with respect to the challenge of the Trade Notice No.11 of 2015 dated 14.12.2015 issued by the Government of India. Even in that case, the petitioners therein were engaged in manufacturing and exporting engineering goods like Casting, valves, parts of valves etc.,. 7. The Government of India had framed Foreign Trade Policy 2009-14. That Policy is the subject matter issue even before this Court now. 8. In the said Policy, the Focus Projects Scheme was introduced by the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed the same. A Review Petition of the appeal had also been dismissed by the Hon'ble Supreme Court. Thereafter the 2nd respondent had withdrawn the Trade Notice No.11 of 2015 dated 14.12.2015 vide Trade Notice NO.16 of 2018 dated 07.06.2018. By withdrawal of the Trade Notification, the issue which is now to be decided is whether there has been inclusion or modification of the items. In the Trade Notification No.11 of 2015, dated 14.12.2015, the following items had been notified: "Items of a kind used on Bicycles: Taps, Cocks, Valves and similar appliances for pipes, Boiler Shells, Tanks, vats or the like, including pressure reducing valves and thermostatically controlled valves." 11. It has been stated that a representation had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter, the learned counsel also stated and it is also mentioned in the counter affidavit that they have not even applied from the date of the Judgment of the Supreme Court. It is further stated that the period of limitation cannot be granted for the petitioner. 15. The petitioner, as a manufacturer of Valves and such other items, for export them, claimed the benefits under Duty Scrip under the Focus Product Scheme of FTP 2009 - 14. The Trade Policy as on the date as extracted above was for all parts of the bicycle. 16. There were several representations by various exporters for inclusion of valves and such other items. But they were specifically rejected by the respondents. Thereafter this reject was challenged before the Gujarat High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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