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Issues: Whether the appellant is entitled to benefit under the Duty Free Credit Entitlement Scheme (DFCE Scheme) issued under the EXIM Policy 2002-2007.
Analysis: The question of entitlement was conclusively addressed by the Supreme Court in Director General of Foreign Trade v. Kanak Exports, where the Supreme Court examined the investigation record, found that the exporters (including the appellant) had engaged in fraudulent practices to inflate export turnover and held that no vested right had accrued to them under the Scheme. The Supreme Court also set aside relief granted by a High Court to such exporters and allowed the Government's appeals, while directing that the imposition of fee by Public Notice No.18 dated 24-07-2003 insofar as it imposed fee was set aside. The present appeal involves substantially the same issue and facts; the High Court has applied the Supreme Court's binding conclusions and noted that the appellant's review petition before the Supreme Court was dismissed. Given Articles 141 and 144 of the Constitution of India and the Supreme Court's trenchant findings of misuse and absence of any accrued right, there is no basis for re-examination or relief in favour of the appellant.
Conclusion: The appellant is not entitled to benefits under the DFCE Scheme; the appeal is dismissed (decision against the appellant and in favour of the Revenue).
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