2023 (12) TMI 19 - HC - Customs

Petition for Transport & Marketing Assistance Scheme to be decided by DGFT in 12 weeks; additional docs allowed in 3 weeks.

The HC directed that the petition seeking incentives under the Transport and Marketing Assistance Scheme be treated as a representation to be decided by ... Seeking a direction to Respondent No. 1 to permit the Petitioner to apply for incentives under the Transport and Marketing Assistance for Specified Agriculture Products Scheme dated 09th September, 2021, which was foreclosed vide gazette notification dated 25th March, 2022 - HELD THAT:- Though the lack of functionality of DGFT portal has been averred, yet keeping in view the fact that the Petitioner has directly approached this Court without filing any documents to show non-functionality of the portal and without making any written representation to DGFT, this Court directs the present writ petition to be treated as a representation and to be decided by the competent authority in the Office of DGFT by way of a reasoned order within twelve weeks. The Petitioner is given liberty to file additional documents with the DGFT within three weeks. The present writ petition stands disposed of. Issues involved: Petition seeking direction for incentives under Transport and Marketing Assistance Scheme dated 09th September, 2021, which was foreclosed by impugned notification dated 25th March, 2022.Summary:The present petition was filed to direct Respondent No. 1 to allow the Petitioner to apply for incentives under the Transport and Marketing Assistance for Specified Agriculture Products Scheme. The scheme aimed to grant incentives to exporters of specified agricultural products by reimbursing part of their international freight cost and assisting with marketing expenses. Exporters had negotiated export prices based on the assurance of these incentives. However, they faced difficulties submitting applications due to the non-functionality of the DGFT portal. Subsequently, the scheme was withdrawn by a notification dated 25th March, 2022, preventing exporters from availing benefits for exports made during the specified period.The Petitioner argued that the failure to operationalize the scheme and the non-operability of the DGFT portal should not result in denying exporters their accrued incentives. Despite the mention of portal issues, the Court directed the petition to be treated as a representation to be decided by the DGFT within twelve weeks. The Petitioner was given the opportunity to submit additional documents within three weeks. The Court clarified that it had not expressed any opinion on the merits of the case, leaving the rights and contentions of all parties open.With the above direction and liberty granted, the writ petition was disposed of.