9911796707
TMI Blog2023 (7) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated to be about 23 crores? HELD THAT:- In the peculiar facts and circumstances of the case, it would be appropriate that the petitioner is permitted to make an application to the Designated Officer of the respondents to make a claim for the entitlement to the balance foreign exchange as earned and to that effect its entitlement to duty credit scripts asserting non-applicability of the impugned notification. Let such application be made as permitted by the earlier order within two weeks from today. If such an application is made, the same be decided within a period of six weeks from the day it is filed, on its own merits. While deciding such application, the concerned authority should consider whether in the facts of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e pleased to issue (i) a Writ of Certiorari or any other appropriate writ, order or direction in the nature of certiorari under Article 226 and 227 of the Constitution of India quashing that part of the Impugned Notification dated 23.09.2021 which has the effect of reducing the petitioner s entitlements under the SEIS Scheme from 7% to 5% under the impugned notification vis-a-vis the previous rate fixation notifications under the FTP; (ii) a Writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus under Article 226 and 227 of the Constitution of India directing the Respondents to grant the benefit of SEIS Scheme under the category of Management Consultancy Services as granted to the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause (c) above. 3. The petitioner is assailing the notification dated 23 September, 2021 contending that the notification adversely affects the petitioner inasmuch as with retrospective effect the benefit entitled to the petitioner under SEIS for the period from 2019-2020, stands curtailed at Rs. 5 crores as also the rate being retrospectively reduced from 7% to 5% in respect of management consultants. In support of such contention, several grounds are raised in the petition contending that the impugned notification is bad and illegal and it cannot be made applicable retrospectively. It is submitted that as far as the petitioner is concerned, the petitioner was otherwise entitled to the benefits under the Foreign Trade Policy 2015-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s filing a claim under any of the eligible categories, the firm can apply online, however the scrip issuance cannot be more than Rs 5 Cr per IEC, irrespective of the claimed amount. (bold in original) 2. In view of the above instructions, we are not inclined to permit the petitioner to submit any application manually. However, without prejudice to its rights and contentions, the petitioner will be at liberty to file online application for SEIS benefits and if such application is received, the same shall be processed in accordance with law. Needless to observe, any decision taken on the application as well as denial of any benefit to the petitioner by reason of the impugned notification dated September 23, 2021, shall be subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. In our opinion, without delving into the merits of the rival contentions, in the peculiar facts and circumstances of the case, it would be appropriate that the petitioner is permitted to make an application to the Designated Officer of the respondents to make a claim for the entitlement to the balance foreign exchange as earned and to that effect its entitlement to duty credit scripts asserting non-applicability of the impugned notification. Let such application be made as permitted by the earlier order within two weeks from today. If such an application is made, the same be decided within a period of six weeks from the day it is filed, on its own merits. While deciding such application, the concerned authority should consider whether in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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