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<h1>Reasoned decision requirement under Foreign Trade Policy relief: rejection without reasons was unsustainable and required reconsideration.</h1> Rejection of a policy relaxation request affecting deemed export and terminal excise duty relief was unsustainable because the Committee gave no reasons ... Rejection of the petitioner's request by the Policy Relaxation Committee, without reasons - Non-speaking of policy relaxation - benefit of deemed exports and terminal excise duty relief under the Foreign Trade Policy. Reasoned orders - Policy relaxation - HELD THAT:- The Court held that the decision of the Policy Relaxation Committee merely stated that no merit or hardship was found in the petitioner's case, but disclosed no reasons for such conclusion. Since the order was bereft of reasons, it could not be sustained, and the matter was required to be sent back to the Committee for fresh consideration in accordance with law. [Paras 6, 7] The impugned decisions were set aside, and the petitioner's application was directed to be reconsidered afresh by the Policy Relaxation Committee within the stipulated period. Final Conclusion: The writ petition was disposed of by setting aside the unreasoned rejection of the petitioner's request for policy relaxation and by directing fresh consideration in accordance with law. Issues: Whether the rejection of the petitioner's request by the Policy Relaxation Committee, without reasons, could be sustained and whether the matter required reconsideration.Analysis: The petition sought the benefit of deemed exports and terminal excise duty relief under the Foreign Trade Policy. The earlier authorities declined relief on the ground that the IEC was not in existence at the relevant time, and the matter was taken to the Policy Relaxation Committee under the policy relaxation power. The Committee rejected the request by stating that it found no merit or hardship, but recorded no reasons to explain that conclusion. A rejection affecting entitlement under the policy must disclose the basis of the decision so that the affected party can understand why relief was refused and the decision can be tested in accordance with law.Conclusion: The rejection order was unsustainable for want of reasons, and the matter was required to be reconsidered afresh by the Policy Relaxation Committee.
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