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2024 (10) TMI 409

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..... dents also sets out that in view of the fact that the EDI shipping bills of the Petitioner were left blank and the electronic transmission in the automatic environment assumed the Shipping Bills No and accordingly proceeded to reject the case. Given that the Respondents have not examined case of the Petitioner, in view of the inadvertent error, the Court deems it expedient to direct the Respondent to undertake the examination of the 185 EDI shipping bills of the Petitioner afresh, treating its submissions as a Yes - The Respondent shall pass a Speaking Order to decide the entitlement of the Petitioner to the MEI Scheme rewards, in accordance with law, within a period of 12 weeks from today. Petition disposed off. - HON'BLE MS. JUSTICE .....

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..... the Foreign Trade Policy 2015-20 (FTP 2015-20). 3. Learned Counsel for the Petitioner submits that the Petitioner is entitled to reward under MEI Scheme in respect of various notified products that it has exported. 4. It is the contention of the Petitioner that as per the prescribed procedure an exporter is required to click Yes or No in the shipping bills which are generated in the Electronic Data Interface (EDI system) used by the Custom Department. It is only pursuant to declaration of such intent on the EDI system shipping bills that the MEI Scheme reward can be processed. 5. Learned Counsel for the Petitioner submits that inadvertently, the entry was left blank by the employees of the Customs Broker who omitted to fill in the relevant .....

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..... of the fact that the EDI shipping bills of the Petitioner were left blank and the electronic transmission in the automatic environment assumed the Shipping Bills No and accordingly proceeded to reject the case. 9. Given that the Respondents have not examined case of the Petitioner, in view of the inadvertent error, the Court deems it expedient to direct the Respondent to undertake the examination of the 185 EDI shipping bills of the Petitioner afresh, treating its submissions as a Yes . 9.1 The Petitioner and/or his authorised representative will be given an opportunity to be present for a personal hearing in the matter. The Petitioner shall place before the Respondent/Authority all relevant documents and clarifications, as may be sought b .....

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