Misuse of the Special scheme to promote export - some benefits which had already accrued to exporters under the EXIM Policy were taken away. - Validity and Scope of Notifications - Power to DGFT to amend the policy - Notifications are Retrospective or prospective - Whether Notifications were issued in public interest

Misuse of the Special scheme to promote export - some benefits which had already accrued to exporters under the EXIM Policy were taken away. - Validity and Scope of Notifications - Power to DGFT to amend the policy - Notifications are Retrospective or prospective - Whether Notifications were issued in public interest https://www.taxtmi.com/news?id=15145 The document explains that exclusions and restrictions to an export incentive scheme were imposed following evidence of widespread misuse, and that DGFT exceeded its procedural authority by excluding goods via Public Notice, which was ultra vires. The Central Government later regularised exclusions under statutory power. Delegated legislation is ordinarily prospective; statutory amendment power did not permit retrospective withdrawal of benefits where exporters had already acquired a genuine vested right. Amendments aimed at preventing misuse do not affect non accrued or ill gotten entitlements. en-us Tue, 03 Nov 2015 13:13:35 +0530 Tue, 03 Nov 2015 15:10:00 +0530 TaxTMI RSS Generator Misuse of the Special scheme to promote export - some benefits which had already accrued to exporters under the EXIM Policy were taken away. - Validity and Scope of Notifications - Power to DGFT to amend the policy - Notifications are Retrospective or prospective - Whether Notifications were issued in public interest https://www.taxtmi.com/news?id=15145 The document explains that exclusions and restrictions to an export incentive scheme were imposed following evidence of widespread misuse, and that DGFT exceeded its procedural authority by excluding goods via Public Notice, which was ultra vires. The Central Government later regularised exclusions under statutory power. Delegated legislation is ordinarily prospective; statutory amendment power did not permit retrospective withdrawal of benefits where exporters had already acquired a genuine vested right. Amendments aimed at preventing misuse do not affect non accrued or ill gotten entitlements. News - Tue, 03 Nov 2015 13:13:35 +0530 https://www.taxtmi.com/news?id=15145