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Issues: (i) Whether the petitioner satisfied the eligibility requirements for an Export House Certificate as a manufacturer-exporter under Paragraph 176 of the Import-Export Policy, 1984-85. (ii) Whether the authorities could treat the application as one for renewal and apply Paragraph 180(2) of the Import-Export Policy, 1984-85.
Issue (i): Whether the petitioner satisfied the eligibility requirements for an Export House Certificate as a manufacturer-exporter under Paragraph 176 of the Import-Export Policy, 1984-85.
Analysis: The policy provisions for export houses were read in light of the object of export promotion and the special facilities intended for both trading exporters and manufacturer-exporters. The petitioner's manufacture and export figures for the relevant period were admitted, and its registration as a small scale industrial unit, including the permanent registration certificate issued by the Director of Industries, U.P., was also admitted. On those admitted facts, the factual conditions for entitlement under Paragraph 176 stood satisfied.
Conclusion: The petitioner was entitled to the Export House Certificate in the capacity of manufacturer-exporter SSI unit.
Issue (ii): Whether the authorities could treat the application as one for renewal and apply Paragraph 180(2) of the Import-Export Policy, 1984-85.
Analysis: The authorities proceeded on the mistaken premise that the petitioner was not a manufacturer and therefore considered the request as a renewal application. Paragraph 180 was applicable only to renewal of existing export house certificates, whereas the petitioner's case fell under Paragraph 176 governing fresh entitlement for manufacturer-exporters. The rejection also ignored the permanent SSI registration certificate, which was a decisive material fact. The reasons relied upon were therefore irrelevant to the scheme of Chapter 18 and contrary to its object.
Conclusion: The authorities wrongly applied Paragraph 180(2), and the rejection orders were unsustainable.
Final Conclusion: The impugned rejection orders were set aside, and the petitioner's claim for manufacturer-exporter export house status for the year 1984-85 succeeded.
Ratio Decidendi: Where the policy expressly confers a separate entitlement on manufacturer-exporters, the authority must decide the application on that footing and cannot deny relief by mischaracterising it as a renewal request or by relying on inapplicable renewal criteria.
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