2019 (6) TMI 811

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.... 2.This matter is listed under the caption 'ADJOURNED ADMISSION' before this Court today. 3.Be that as it may, with consent of both the learned counsel, the main writ petition itself is taken up, heard out and is being disposed of. 4.Owing to the trajectory the hearing before this Court has taken today, short facts absolutely imperative for disposal of this writ petition alone are set out. 5.It is the case of the writ petitioner that goods exported by the writ petitioner are eligible for benefit under the 'Merchandise Exports from India Scheme ('MEIS' for brevity), which has been notified under the Foreign Trade Policy. It is the case of the writ petitioner that at the time of filing of the shipping bills, the ....

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.... of Customs, Turicorin reported in 2019 (365) E.L.T 669 (Mad.). 11. Learned Revenue counsel submitted that the case on hand is similar to the aforesaid order in Pasha International. 12. The order of the learned single Judge in Pasha International reads as follows: 'Heard the Learned Counsel appearing for the Writ petitioner and the Learned Standing Counsel appearing for the respondents. 2. The Writ petitioner is a manufacturer and exporter of "Bags and made-ups". They had filed shipping bill Nos.5450964/9- 6-2018, 5671009/20-6-2018 and 5146758/26-5-2018 for export of cotton shopping bags. The Writ petitioner actually intended to claim benefit under what is known as Merchandise Exports from India Scheme (MEIS). Bu....

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....he view that a similar direction can be given in the present case also. Of course in the present case, the Learned Counsel for the respondent is only seeking time. Considering the facts and circumstances of the case, the second respondent shall consider the claim of the writ petitioner and pass appropriate orders thereon expeditiously. This order is passed, taking note of the fact that only due to inadvertance, the Writ petitioner instead of putting "Yes", had put "No" in the form. 5.The Writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.' 13. It is not in dispute before this Court that the aforesaid order of Hon'ble single Judge has not been carried in appeal....