UNION OF INDIA Vs. HIMSHEEL INTERNATIONAL

JUDGEMENT

(1.) UNION of India and Director General of Foreign Trade have filed the present intra court appeal assailing the decision dated 21st May, 2010, allowing the writ petition filed by Himsheel International, the respondent herein.

(2.) THE respondent is engaged in exports and on 19th March, 1998, had received a confirmation order for supply of 10,000 jackets to a company in USA. On 31st March, 1998, the foreign party issued an irrevocable letter of credit issued by a commercial bank in USA, in favour of the respondent. By 21 shipping bills, 10,000 jackets were exported by the respondent to the said foreign party between the period 26th March, 1998 to 5th June, 1998 as per the details given below:- "S.No. S. Bill No. and FOB Value as Customs House Date order S/Bill 1. 007932/26.3.98 Rs. 502000 IGI Airport New Delhi. 2. 009692/15.4.98 Rs. 501585.00 -do- 3.009693/15.4.98 Rs. 501585.00 -do- 4. 009696/15.4.98 Rs. 501585.00 -do- 5. 009694/15.4.98 Rs. 501585.00 -do- 6. 009691/15.4.98 Rs. 501585.00 -do- 7. 009695/15.4.98 Rs. 501585.00 -do- 8. 011058/28.4.98 Rs. 499578.66 -do- 9. 011059/28.4.98 Rs. 499578.66 -do- 10. 001060/24.4.98 Rs. 485534.28 -do- 11. 012218/12.5.98 Rs. 499346.10 -do- 12. 012217/12.5.98 Rs. 498337.32 -do- 13. 012453/14.5.98 Rs. 499346.10 -do- 14. 012734/17.5.98 Rs. 499346.10 -do- 15. 012985/20.5.98 Rs. 499346.10 -do- 16. 013189/22.5.98 Rs. 499346.10 -do- 17. 013487/26.5.98 Rs. 499346.10 -do- 18. 013683/28.5.98 Rs. 499346.10 -do- 19. 014091/2.6.98 Rs. 499357.32 -do- 20. 014505/5.6.98 Rs. 302634.00 -do- 21. 014504/5.6.98 Rs.2,54,924.01 -do-

(3.) UPTO 15th April, 1998, the DEPB credit rate on Gents Jacket was 23% of the FOB value of goods as per Sl. No. 17 for Textile Groups in the Exim Policy, 1997-2002. However, with effect from 15th April, 1998, the DEPB credit rate was modified and revised as follows:-