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of <h1>Court orders issuance of duty credit scrip following JSW Steel Ltd. precedent</h1> <h3>Balkrishna Industries Limited Versus The Union of India & ors.</h3> Balkrishna Industries Limited Versus The Union of India & ors. - 2019 (367) E.L.T. 94 (Bom.) Issues:Challenge to refusal of duty credit scrip issuance under Foreign Trade Policy.Analysis:The petitioner, a company engaged in manufacturing and exporting Pneumatic Tyres, challenged the refusal to issue duty credit scrip under the Foreign Trade Policy. The petitioner sought directions for the issuance of duty credit scrip for the balance amount of Rs. 6,59,65,508.03. The refusal was based on paragraph 3.14.5 of the Foreign Trade Policy 2009-2014, which the petitioner contended was contrary to a previous judgment of the Court in JSW Steel Ltd. vs. Union of India.The petitioner highlighted its export performance, stating that it exported more than 85% of its products to over 120 countries, including developed nations. The petitioner claimed entitlement to duty credit scrip based on achieving Incremental Export Growth during the financial year 2013-2014. The petitioner's claim was supported by various notifications and amendments in the Foreign Trade Policy, which were considered in the previous judgment of JSW Steel Ltd.Despite the petitioner's efforts to claim the duty credit scrip, the respondents issued scrips totaling only Rs. 1 crore, significantly less than the claimed amount. The petitioner made repeated requests for reconsideration and highlighted previous court decisions supporting their claim. However, the respondents failed to issue the balance amount of Rs. 6,59,65,508.03, leading the petitioner to approach the Court, alleging arbitrariness and unsustainability in the respondents' actions.The Court referred to the judgment in JSW Steel Ltd., which covered similar issues, and found that the petitioner's case was also governed by the same principles. The Court noted that a previous writ petition had also considered the relevant notifications, concluding that the judgment in JSW Steel Ltd. applied to the present case. Consequently, the Court made the Rule absolute in line with the Division Bench's judgment in JSW Steel Ltd. vs. Union of India & ors., granting the petitioner eight weeks to comply with the directions.
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