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TMI Blog2023 (6) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... d respondent himself issued Trade Notice dated 21.02.20218 in pursuance of the representations received from the various exporters, who have faced similar type of difficulty while submitting the shipping bills, who have specifically declared the intent in the affirmative (in wordings) on the shipping bills. In the present case, the petitioner has specifically stated (in wordings) the intention to claim the Reward for MEIS. The concerned respondents are hereby directed to grant the benefit under MEIS to the petitioner within a period of six weeks from the date of receipt of this order - Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... to rectify the technical mistake by amendment as per the provisions of law. Therefore, the petitioner has preferred the present petition. [5] Heard learned advocate Ms.Natasha Sutaria for the petitioner and learned Standing Counsel Mr.Hirak Shah for respondent nos.1 to 3. [6] Learned advocate for the petitioner mainly submitted that because of the technical error, the petitioner could not click 'YES' in the portal of the respondents and therefore, in the shipping bill itself it is specifically stated that "I/We SHALL CLAIM THE REWARD UNDER MERCHANDISE EXPORTS FROM INDIA SCHEME (MEIS)". 6.1 It is further submitted by the learned advocate for the petitioner that the respondent received representations from various persons similar to that of the petitioner and therefore, the respondents issued Trade Notice No.24/2018 on 21.02.2018. Learned advocate has referred the said Trade Notice which is placed on record at page No.23 of the compilation. 6.2 It is submitted that as per the the said Trade Notice issued by the concerned respondent, the petitioner had submitted necessary details and documents and sent email on 26.02.2018 i.e. within a period of five days only. It is contended tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner that at the time of filing of the EDI shipping bills, there was a problem of "YES/NO clicking" and the petitioner was not able to avail for the benefits under MEIS because of the said problem. However, in the shipping bills it is specifically stated that "I/We SHALL CLAIM THE REWARD UNDER MERCHANDISE EXPORTS FROM INDIA SCHEME (MEIS)". [9] It transpires from the record that similarly situated other exporters have also inadvertently ticked 'N' (for No) instead of 'Y' (for Yes) in "Reward" column of shipping bills while filing the EDI shipping bills but such exporters have been declared the intent in the affirmative (in wordings) on the shipping bills. Such type of exporters made representations before the concerned respondent authority and therefore, the concerned respondent issued Trade Notice No.24/2018 dated 21.02.2018. Trade Notice is reproduced hereinunder:- Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi Trade Notice No. 24/2018 Dated : 21st February, 2018 To, 1. All Exporters/Members of Trade 2. All Regional Authorities of the Directorate General of Foreign Trade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als that in the said case, similar type of contentions were raised on behalf of the respondents. Thereafter, this Court has observed in paras 18, 23 and 25 as under:- "18. The entitlement to MEIS benefits is governed by the Chapter-III of the Foreign Trade Policy 2015-20 (FTP 2015- 20) and accordingly, the scheme for the grant of the benefit will be governed thereunder. In other words, the substantive rights and obligations are created by the MEIS Scheme under Chapter-III of the FTP. It also becomes apparent from Para 3.04 of the Policy that once the notified goods are exported to a notified market, the exporter becomes entitled to the MEIS benefits. Thus, entitlement, restriction thereof and conditions, if any, have to be found within the letters of the Chapter-III of the FTP 2015-20. Thus, the writ-applicant becomes entitled to the MEIS benefits once it exports the notified goods to the notified market. This benefit cannot be defeated due to procedural infirmity of missing to mark/tick "Y" in the rewards column. 23. The writ-applicant submits that as per its understanding, the EDI system, which is an electronic system developed and managed by the respondent no.3 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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