https://www.taxtmi.com/caselaws?id=367202 A retrospective monetary cap on export incentive entitlement under the Foreign Trade Policy was found inconsistent with the scheme's object and the policy framework, so the restriction was quashed as without jurisdiction, arbitrary, illegal and capricious. The authority could not reject the exporter's claim merely because the amount claimed exceeded the stated monetary figure during the relevant financial year; it had to examine the claim on merits, undertake the prescribed scrutiny, and pass a reasoned speaking order. The writ petition succeeded, and the competent authority was directed to decide the incentive claim afresh in accordance with the scheme. en-us Thu, 30 Aug 2018 00:00:00 +0530 Mon, 17 Sep 2018 07:40:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367202 A retrospective monetary cap on export incentive entitlement under the Foreign Trade Policy was found inconsistent with the scheme's object and the policy framework, so the restriction was quashed as without jurisdiction, arbitrary, illegal and capricious. The authority could not reject the exporter's claim merely because the amount claimed exceeded the stated monetary figure during the relevant financial year; it had to examine the claim on merits, undertake the prescribed scrutiny, and pass a reasoned speaking order. The writ petition succeeded, and the competent authority was directed to decide the incentive claim afresh in accordance with the scheme. Case-Laws Customs Thu, 30 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367202