2024 (10) TMI 1767

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....hed this Court after conducting proper research to further the interest of export/import entities and to help them in getting the provisions of the Foreign Trade Policy and procedures relaxed. In our opinion, these very statements are sufficient to dismiss this writ petition. 2. The petitioner states that the Foreign Trade (Development and Regulation) Act 1992 (in short, 'the FTDR Act') was enacted for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from India and for the matters connected therewith or incidental thereto. According to the petitioner, the Union of India through the Secretary of the Ministry of Commerce and Industry has powers to make and publish the Foreign Trade Policy....

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.... a writ of mandamus or in the nature of mandamus or any other appropriate writ, order directing the Respondent No. 1 to empower/authorize the Respondent No. 2 to impose pre-import and actual user condition by way of public notice; (ii) To declare that the provisions of paragraph 4.25 of the Hand Book of Procedure are not mandatory and Norms Committee is not bound to call for and examine the data and information from the trade to review the standard output and inputs norms; (iii) and/or pass any other or further orders which Your Lordships may deem fit and proper in the interest of justice" 5. After having gone through the relevant portions of the FTP vide Annexure-1 and the Hand Book of Procedure vide Annexure-2, we hav....

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.... creature of the statute are required to act within the four corners of the statutory provisions. 6. Under Chapter 4 of the Duty exemption/remission scheme which enables duty free import of the inputs for export production including replenishment of inputs or duty remission, a detailed procedure has been laid down. The schemes thereunder consist of Advance Authorisation and Duty Free Import Authorisation; Duty Remission Scheme; Scheme for Rebate of State and Central Taxes and Levies etc. Clause 4.03 deals with Advance Authorisation and clause 4.05 talks of eligible applicant/export/supply. There are also provisions for the Self-Ratification Scheme (4.06), Value Addition (4.08) and Minimum Value Addition (4.09). The learned senior counsel....

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....uction and consumption data etc. The requirement regarding production of data and information would be the foundation for taking a decision for review of SIONs and no exception can be taken to such a requirement of calling for data and information by the Norms Committee and the respondent no.2 cannot review SIONs unilaterally without calling the data and information. Therefore, the prayer made at clause (ii) of the present writ petition that the provisions under paragraph no.4.25 of the Hand Book of Procedure should be declared not mandatory is liable to be rejected. 8. The petitioner who claims that he made proper research has failed to produce any material on record except the FTP (2023) and the Hand Book of Procedure (2023) which acco....