TaxTMI 
TaxTMI 
2020 (10) TMI 1182
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....ther electrical equipments which are thereafter exported. Because of its high volume of exports, Petitioner was awarded and categorized as a three star export house. 4] As part of its foreign trade policy, Government of India introduced a scheme on 31.08.2004 called the Target Plus Scheme which was made effective from 01.04.2004. Objective of the Target Plus Scheme was to accelerate growth in exports by rewarding star export houses with minimum threshold export turnover of Rs. 10 crores in the previous year. It is stated that the scheme provided for three slabs of entitlement of duty credit scripts which were as under :- "a. Where the percentage incremental growth of exports was above 20% but below 25% the duty credit entitlement was 5% of the incremental growth. b. Where the percentage incremental growth was above 25% but below 100% the duty credit entitlement was 10% of the incremental growth. c. Where the percentage incremental growth was above 100% the duty credit entitlement was 15%." 5] According to the Petitioner, it made net exports of Rs. 42,21,61,757.21 in the year 2004-2005. Net exports of the Petitioner increased to Rs. 91,45,81,389.72 i....
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.... 12.06.2006. This was followed by Trade Notice No.06 of 2018, also dated 08.05.2017 issued by Respondent No.2 setting up Zonal Committees for scrutiny of claims made under the above scheme, besides laying down the procedure for making and scrutiny of applications. 11] In view of the trade notice, Petitioner wrote to Respondent No.3 vide letter dated 30.05.2017 stating that Petitioner was eligible to claim the remaining benefit of 10% (15% - 5%) under the scheme for the incremental growth in exports for the year 2005-2006 and requested the said authority to issue the balance scrips at the earliest. Respondent No.3 by his letter dated 19.07.2017 directed the Petitioner to submit certain documents including no dues certificate which the Petitioner says it submitted vide the forwarding letter dated 26.07.2017. However, by subsequent letter dated 15.09.2017, Respondent No.3 directed the Petitioner to submit a further set of documents. Those documents were also submitted by the Petitioner vide the forwarding letter dated 05.10.2017 besides furnishing necessary explanations to the queries raised by Respondent No.3. It is stated that Respondent No.3 continued with his efforts to procure....
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....e minutes of the meeting of the Zonal Committee, Mumbai held on 25.09.2020. 17] Mr. Prakash Shah, learned counsel for the Petitioner submits that there is absolutely no justifiable reason for the Respondents not to issue duty credit scrips for the balance amount of Rs. 4,22,16,175.73 under the Target Plus Scheme. He has referred to the Trade Notice No.06 of 2018 dated 08.05.2017 as well as to orders of the Supreme Court dated 26.11.2019 and 04.02.2020 in Misc. Application No.1748 of 2018 in WP(c) No.27 of 2008 (Reliance Industries Ltd. Vs. Union of India) and contends that as per the Trade Notice dated 08.05.2017 as explained by the Supreme Court in the above two orders all that is required for an eligible exporter is to produce no dues certificate, further clarifying that such dues pertain to government dues only, which are payable and still subsisting. On a pointed query by the Court, Mr. Prakash Shah, learned counsel for the Petitioner submits that there is no government dues payable by the Petitioner to the government and no dues certificate, including the revised certificate, were submitted to Respondent No.3. In the circumstances he submits that necessary direction may be ....
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....r realization of the balance/additional duty credit scrips under the scheme for the balance amount of Rs. 4,22,16,175.73 (Rs. 4,22,16,175.15) covering the period from 01.04.2005 to 31.03.2006 which was earlier denied on account of retrospectivity. Following a series of correspondence, Petitioner has submitted all the required documents including no dues certificate and revised no dues certificate. 21] It is seen that 11th meeting of the Zonal Committee, Mumbai with regard to issue of balance claims under the Target Plus Scheme was held on 25.09.2020. Agenda item No.4(1) dealt with the claim of the Petitioner. The resolution that was adopted is as under :- "The Committee noted as follows: 1. The applicant was represented by Smt. Jyoti Patil. She confirmed that there are no dues pending against them in terms of the orders of the Hon'ble Supreme Court dated 04.02.2020. 2. The firm has submitted No Dues certificate as prescribed in the Trade Notice 06 of 2017. 3. However, there were dues reported by Office of JNCH Customs related to non-submission of BRCs for the drawback claimed. The representative claimed that they do not have any BRCs pending f....
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.... any dues towards recoveries on account of any of DGFT's Schemes including DFCE shall have to be adjusted first before issue of TPS scrips. For the purpose of submitting the certificate under this sub-paragraph, if the firm is a Limited Company, the Certificate shall be signed by the Managing Director or two Directors of the Company, along with the seal of the Company. Alternatively the Certificate shall be signed by a senior executive of the Company of the rank of General Manager and one of the Directors of the Company who have been authorized by the board of Directors for this purpose, along with the seal of the Company. In such cases, Certificate shall be countersigned by the Company Secretary. In case of a Partnership / Proprietorship firm, the Certificate shall be signed by all the Partners / Proprietor respectively. In all cases, the certificate shall be countersigned by the statutory auditor of the company / firm." 26] From the above, it is evident that what is required to be submitted is a certificate certifying that no dues are pending against the government including its departments. In the two orders dated 26.11.2019 and 04.02.2020 passed in the case of Relia....