Pre-amendment Foreign Trade Policy must govern transactions predating amendment; rejection set aside and matter remanded.

Rejection of the claim under amended paragraph 8.3(c) of the Foreign Trade Policy was unsustainable where the relevant transactions were stated to have occurred before the amendment took effect on 18 April 2013. The court held that the matter had to be examined with reference to the applicable pre-amended policy as well as the amended provision, along with the supporting applications and documents. The rejection orders were set aside and the matter was remanded for fresh consideration under the correct version of the Foreign Trade Policy.

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Issues: Whether the rejection of the petitioner's claim based on the amended paragraph 8.3(c) of the Foreign Trade Policy, 2009-2014 was sustainable when the transactions were stated to have occurred before the amendment, and whether the matter required remand for fresh consideration.

Analysis: The amendment to paragraph 8.3(c) became effective from 18 April 2013. The petitioner's case was that the relevant transactions fell prior to the amendment and therefore had to be examined under the pre-amended policy. Since the impugned rejection proceeded on the amended provision without such consideration, the matter required reconsideration with reference to both the pre-amended and amended provisions and the supporting applications and documents.

Conclusion: The rejection orders were set aside and the matter was remanded to the second respondent for fresh consideration in accordance with the applicable version of the Foreign Trade Policy.

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