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The SC dismissed the appeals, holding that the appellants are not entitled to deemed export benefits under Para 8.3 of the FTP. The Court held the Press Release did not constitute "law" under the PPA and, in any event, the relevant Notifications alone could not confer entitlement because the appellants failed to satisfy mandatory prerequisites-notably the ICB requirement for supply of goods at the IPP or EPC stage-and procured components through related entities. The DGFT circulars were characterized as clarificatory and, even if treated as Change in Law, would not confer benefits where preconditions were unmet. No restitutionary relief or compensation was awarded; the APTEL judgment dated 04.07.2017 was affirmed.
The SC dismissed the appeals, holding that the appellants are not entitled to deemed export benefits under Para 8.3 of the FTP. The Court held the Press Release did not constitute "law" under the PPA and, in any event, the relevant Notifications alone could not confer entitlement because the appellants failed to satisfy mandatory prerequisites-notably the ICB requirement for supply of goods at the IPP or EPC stage-and procured components through related entities. The DGFT circulars were characterized as clarificatory and, even if treated as Change in Law, would not confer benefits where preconditions were unmet. No restitutionary relief or compensation was awarded; the APTEL judgment dated 04.07.2017 was affirmed.
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