2022 (9) TMI 398

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....ter 3 of the Foreign Trade Policy 2015-2020 within a time bound manner. 2. The petitioner is an exporter of human hair and they are entitled to the benefits of the export incentive scheme called Merchandise Export from India Scheme (MEIS). In the shipping bill, for the subject exports, where incentive sought for by the petitioner, has not been considered by the respondents, the petitioner has made a categorical stand that they intend to claim rewards under merchandise exports from India scheme (MEIS). 3. By inadvertence, in the shipping bills submitted through on-line for the subject export, the petitioner has stated "No" which is the default option with regard to whether the petitioner intends to claim rewards and merchandise exports fro....

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....a of the shipping bill is received from Customs server, only then can the application of the firm would be materially present before the respondents to examine and pass suitable orders. 12. I humbly submit that in the absence of electronic data of the impugned shipping bill from Customs, the request of the petitioner for issuance of MEIS benefits cannot be processed and considered by the respondents." 6. The issue raised in this writ petition has been considered by the following decisions:- (a) Bombardier Transportation India Pvt Ltd vs Directorate General of Foreign Trade reported in 2021 (377) E.L.T 489 (Guj.) b) Portescap India Pvt Ltd vs Union of India reported in 2021 (376) E.L.T.161 (Bom.) c) Pasha International vs Commission....