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TMI Blog2021 (12) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is blocked from making application for such purpose is that on account of alleged past misdeeds, the petitioner has been placed in the denied entity list which would be sufficient to disqualify the petitioner to claim any other benefit of MEIS. Nothing has been brought to the notice from the MEIS scheme suggesting that for any past unrelated events of dispute between the department and the petitioner, export incentive in the presentie would be denied to the exporter - The trade notice pertains to the facility for applying the benefit under MEIS under the system driven approval mechanism. This part is totally procedural and this trade notice cannot decide the rights of the petitioner under the scheme. It may be that for those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Petition disposed off. - D.B. Civil Writ Petition No. 6753/2021 - - - Dated:- 17-12-2021 - HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI AND HON'BLE MR. JUSTICE UMA SHANKER VYAS For Petitioner: Mr. Anil Balani with Mr. Daksh Pareek And Mr. Arjun Singh For Respondent: Mr. Anand Sharma ORDER The petitioner has prayed for a direction to remove the name of the petitioner from the Denied Entity List ( DEL for short) forthwith. The petitioner has further prayed for accepting the online application for availing the benefit of Merchandise Export from India Scheme ( MEIS for short) for which the last date for making application for receiving benefits prescribed is 31.12.2021 as per the notification of the Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of Customs Nhava Sheva on 22.01.2019. He confiscated copper rods imported by the petitioner during the said period but offered fine in lieu of such confiscation. He also imposed custom duty of ₹ 45,25,531/-towards the duty forgone at the time of import. Such amount would be paid with interest and penalty. He also imposed personal penalties. This order also the petitioner has challenged and the appeal is pending before the appellate authority. On account of the involvement of the petitioner in the said case, the Assistant Director General of Foreign Trade, Jaipur passed an order on 27.07.2005. This order is not produced on record, copy of which tendered today is taken on record. This order records that petitioner had obtained an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . More than ten years later without any further progress in the petitioner s challenge to the orders in original, the petitioner is being denied the benefit of export incentives in relation to entirely different transactions. He submitted that after 31.12.2021 since the scheme is being discontinued, if the petitioner is not allowed to apply for the benefit of export incentives such benefits would be lost forever. On the other hand learned counsel for the department has opposed the petition contending that export incentive is not a vested right of an exporter. It is a concession granted by the Government of India and depends on its discretionary exercise of powers. Our attention was drawn to Section 9 of the Foreign Trade (Development and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from making application for such purpose is that on account of alleged past misdeeds, the petitioner has been placed in the denied entity list which would be sufficient to disqualify the petitioner to claim any other benefit of MEIS. We have noted the relevant facts. To sumarise such facts, we may recall that on the allegations of the unauthorized diversion of imported goods in the local market during the period 2002- 2003 the DGFT as well as custom authorities have passed the orders in original in the year 2014 and 2019 respectively. Against both these orders the petitioner has filed appeals and which appeals are pending. In the meantime the Assistant Director General of Foreign Trade on 27.7.2005 discontinued the facility of grantin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the system driven approval mechanism. This part is totally procedural and this trade notice cannot decide the rights of the petitioner under the scheme. It may be that for those who are placed in denied list or suspended list, the fast tracked procedure of system driven approval mechanism may not be made available. This is not the same thing as to suggest that such entities for unrelated events could be denied the benefit of export incentives under the scheme if all conditions are satisfied. We have also perused the guidelines issued by the Directorate General of Foreign Trade under circular dated 31.12.2003 for maintaining the denied entities list. It records that most common instance of action leading to refusal of licenses occurs whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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