Court grants writ petition, orders issuance of 'No Objection Certificate' for Foreign Trade Policy benefits. The court granted the writ petition directing the 3rd respondent to issue a 'No Objection Certificate' for the petitioner to avail benefits under the ...
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Court grants writ petition, orders issuance of 'No Objection Certificate' for Foreign Trade Policy benefits.
The court granted the writ petition directing the 3rd respondent to issue a 'No Objection Certificate' for the petitioner to avail benefits under the Foreign Trade Policy, 2015-20. The petitioner, a company amalgamated with SEPR Refractories India Ltd., sought amendment of shipping bills, which the respondents initially refused due to electronic processes. However, the court instructed the 3rd respondent to issue the NOC, allowing the petitioner to present it to the 4th respondent for consideration within three months. Additionally, the 4th respondent was ordered to promptly consider the petitioner's claim upon submission of the NOC.
Issues: 1. Amendment of shipping bills filed by SEPR during April 2013 to Feb 2016. 2. Relaxation of policy provisions to permit the petitioner to file application for export incentives.
Analysis:
Issue 1: Amendment of Shipping Bills The petitioner, a company amalgamated with SEPR Refractories India Ltd., sought benefits under the Foreign Trade Policy, 2015-20. The petitioner requested amendment of shipping bills to reflect the amalgamation, but the respondents expressed inability to permit the amendments. The 3rd respondent stated that changes in the shipping bills were not possible due to the electronic process in place post 'Let Export Order.' However, the 3rd respondent agreed to issue a 'No Objection Certificate' to enable the petitioner to avail benefits. The court directed the 3rd respondent to issue the NOC, and the petitioner was instructed to present it to the 4th respondent for consideration within three months.
Issue 2: Relaxation of Policy Provisions The respondents contended that benefits under the Foreign Trade Policy could be claimed post amalgamation of the companies. The 4th respondent, responsible for relaxing policy provisions, needed to consider the NOC issued by the 3rd respondent to serve the petitioner's purpose. The court ordered the 4th respondent to expeditiously consider the petitioner's claim upon submission of the NOC within three months from the date of the judgment.
In conclusion, the court granted the writ petition, directing the 3rd respondent to issue the necessary NOC for the petitioner to avail benefits and instructed the 4th respondent to consider the claim promptly.
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