MEIS claim and shipping bill upload delay may be considered under Foreign Trade Policy relaxation for genuine hardship.

Pandemic-related delay in online upload of shipping bills did not appear attributable to the exporter, where the exports had been made during July and August 2020 under manual Let Export Orders. The authorities indicated that the claimed MEIS grievance could be examined under paragraph 2.58 of the Foreign Trade Policy, which allows exemption, relaxation or relief for genuine hardship and adverse trade impact. In these circumstances, the exporter was permitted to approach the competent authority by way of representation, and the authority was directed to decide the request within the stipulated time.

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Issues: Whether the petitioner, in view of the manual Let Export Orders during the Covid-19 period and the consequent delay in online uploading of shipping bills, should be relegated to make a representation to the competent authority under paragraph 2.58 of the Foreign Trade Policy for consideration of the claimed MEIS benefit.

Analysis: The exports in question were actually made during July and August 2020, and the delay in system upload was attributable to the pandemic-related functioning of the customs machinery, not to any fault of the petitioner. The respondents did not dispute the factual entitlement in principle and indicated that the matter could be addressed under paragraph 2.58 of the Foreign Trade Policy, which empowers the competent authority to grant exemption, relaxation or relief on grounds of genuine hardship and adverse impact on trade. In these circumstances, the Court found it appropriate to permit the petitioner to approach the competent authority for consideration of the grievance.

Conclusion: The petitioner was permitted to make a representation to the competent authority, and the competent authority was directed to decide it within the stipulated time.

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