2022 (1) TMI 73

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....of manufacturing of large Diameter Submerged Arc Welded Steel Pipes, which the petitioner is supplying to the Oil and Natural Gas Sector Companies of India as well as to the foreign companies. One of the Schemes being the Merchandise Export from India Scheme ("MEIS") following under Chapter 3 of such Foreign Trade Policy had given certain benefits and the under the said Scheme, the exporter is entitled 3% incentives on the realized Free On Board (FOB) value of exports. 2. It is the case of the petitioner that it had exported from Mundra Sea Port to Chile against the export invoice dated 14.06.2018 Carbon Steel Longit, Welded Line Pipes. This was by filing shipping Bill No. 5561585. The petitioner declared its intent to get the benefits u....

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....titioner realized the value of goods exported as per the export invoice. 6. PRC meeting dated 30.10.2018 as had also been communicated to the petitioner, decided to ask the EDI to make suitable provisions to grant the petitioner MEIS benefits against said shipping bill. It was decided to refer the minutes of the meeting to the EDI decision on 16.04.2019 for implementation of the decision. As the claim through the EDI system, was not feasible to be considered then request was made to for manual consideration. The PRC rejected the case of the petitioner. 7. The Deputy Commissioner of Customs was approached aggrieved by the fact that his case is genuine and because of the EDI system, manual presentation is not being permitted, the petiti....

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....d decided to ask the EDI to make suitable changes to grant the MEIS benefits against shipping bill No.5561585 dated 14.06.2018 manually. 10. The Committee decided to refer the matter to the EDI Division for implementation of the decision taken on 30.10.2018, however, eventually the same could not happen for want of availability of mechanism permitting the manual amendment of the shipping bill. It is also the say of the respondent that any action on amendment of shipping bill can only be taken by the Customs Authorities, i.e. the respondent Nos.2 and 3 who are custodian of the shipping bill based on Extant Rule of amendment of shipping bill as per the relevant Extant Procedure. 11. The rejoinder has already been filed by the petitioner....

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....y the PRC Committee in its meeting. A representation made had weighed with the said Committee. The Customs, Mundra had assessed and finalized the consignment, however, the amendment since had not been reflected in EDI systems of the DGFT, that resulted in preventing filing the MEIS claim. Hence, the Committee in its report dated 30.10.2018 had referred the matter to EDI / NISD for DGFT to make suitable provisions to grant MEIS benefits against the same shipping manually. The Committee had also reviewed on 24.09.2019 on the basis of the comments received from E-Governance and Trade Facilitation (EGTF) section and observed that the reflection of such manual amendment in the automated system is not feasible, hence, request of the firm has been....