Breif Issue :

FACTS AND ISSUE OF THE CASE:

In this case the petitioners are engaged in the manufacture and export of Cryogenic Tanks and Vessels and such other specially manufactured items as per the Special Economic Act and its allied rules and regulations.

The challenge in this petition is to the denial of rewards under the Merchandise Exports from India Scheme based on technical objections and procedural infractions when the substantial benefits had accrued and available in favour of the petitioner. It is further the say of the petitioner that in Foreign Trade Policy and in Export Import Policy 2015-2020 there are certain rewards as this was a specific scheme by the Government of India introduced for the benefits of exporters and to encourage them since the same is meant for contributing to the earnings of the country.

The petitioner was granted the MEIS License for an amount of Rs. 21.34 lakhs against their exports already from their unit located at KASEZ against the shipping bill. Accordingly, under the license, reward under the MEIS at the rate of 2% from FOB value of export was the entitlement of the petitioner. It is also under the shipping bill exported two numbers of cryogenic tanks for liquefied gases.

The petitioner applied for the registration of license to the KASEZ on 22.04.2016, however, no positive response was received for a long time in this regard and eventually on 08.06.2016, the petitioners met the Development Commissioner of Kandla Special Economic Zone and apprise him of lapse of seven months where the benefits were not made available.

According to the petitioner, he received a letter suggesting that their authorization has been suspended until further clarification is received from the office of DGFT, New Delhi, on the aspect, whether such SEZ units which are non- Electronic Data Interface (EDI) ports can also receive such benefits on the shipping bills prior to June 1.06.2015 and that too, without declaration of the intent on the shipping bills.