BAYER CROP SCIENCE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner Bayer Crop Sciences Limited which is an exporter of agrochemicals and other formulated products has filed the present petition against the Directorate General Foreign Trade (hereinafter DGFT) and Commissioner of Customs/Union of India on the ground that under the Merchandise Exports from India Scheme (MEIS), it was entitled to various benefits which were extended to it in respect of 43 shipping bills. The case of the Petitioner is that MEIS is an incentive which is provided to exporters in order to compensate them for higher freight charges and labour costs. It is the usual process to upload shipping bills on the DGFT system which is done by exporters online. In respect of 43 shipping bills for the exports done during the period 2015-16, the Petitioner was unable to upload the same and despite repeatedly contacting the official web platform of the DGFT i.e. ICEGATE, the issues could not be resolved. Hence the Petitioner also made a representation to the Joint Director General of Foreign Trade to intervene in the matter and since repeated representations did not yield any fruitful result, the present writ petition has been filed. The prayers in the petition are as under: (a) Direct the respondents to immediately upload the correct and complete data of the 43 shipping bills to enable the petitioner to apply for MEIS benefit which they are entitled to under the Export Import Policy of the Government. (b) Extend the time for submitting application for MEIS Benefit by Six months from the date the respondents upload the correct and complete data of the 43 shipping bills: and (c) Pass such other further and/or other writs, orders and directions as the nature and circumstances of the case may require.

(2.) The petition was first listed on 1 June, 2018 when notice was issued in the matter. During the pendency of the petition, the Petitioner submitted on 12 July, 2019 that 39 shipping bills have already been uploaded. Ld. counsel for the Respondent was asked to seek instructions in the matter.

(3.) Mr. Amit Bansal, appearing for the Commissioner of Customs handed over copy of an affidavit dated 30 November, 2019 which is stated to have been filed yesterday. As per the said affidavit, sworn by the Assistant Commissioner working in the Office of the Commissioner of Customs i.e. Respondent No.3 most of issues have been resolved. Paragraphs 1 and 2 of the said affidavit read as under: