2023 (8) TMI 1165

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....Unit having permission to import as well as export products under the Foreign Trade Policy. During the period from October-2005 to December-2007, it had cleared goods under the Domestic Tariff Area - DTA Sale and had paid excise duty to the Government. While seeking such permission, the petitioner claims that it did not include the value of 'deemed exports' in the total value of exports though the figures in that regard were mentioned. As a result there was shortage in the entitlement of the petitioner while clearing its finished goods in terms of paragraph 6.8 of the Foreign Trade Policy. On 18.09.2006, a show cause notice was issued to the petitioner alleging that the clearance made with regard to DTA Sale was beyond the limit prescribed ....

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.... raised was being considered by the Hon'ble Supreme Court in Special Leave Petition No. 646 of 2012 [Union of India & Others Versus Arvind Cotspin]. The aforesaid Special Leave Petition having been decided on 15.11.2022, the writ petition has been taken up for consideration. 3. RULE. Rule made returnable forthwith and heard the learned counsel for the parties. 4. Shri A.S. Shukla, learned counsel for the petitioner by inviting attention to the aforesaid decision in Arvind Cotspin (supra) submits that the issue with regard to entitlement of benefit of 'deemed exports' now stands decided in favour of the petitioner. He submits that the Hon'ble Supreme Court has held that while applying for DTA Sale entitlement there was no distinction made ....

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....technology, floriculture, horticulture, poultry, viticulture and sericulture such sales may be subject to positive NFEP only. No DTA sale shall be permissible in respect of motor cars, alcoholic liquors and such other item as may be stipulated by Directorate General of Foreign Trade by a Public Notice issued in this behalf." (emphasis supplied) 20. The term "FOB value of exports" has also been used in the application format whereby deemed exports had been considered at par with physical exports. As a consequence, the respondent submitted deemed export data at the time of applying for DTA sale. Although the appellants have contended that this requirement was only for the purpose of calculation of NFEP achievement, it appears that there....