ECONOMIC TRADERS GUJ LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Special Civil Application No.1327 of 2001. By this petition under Article 226 of the Constitution of India, the petitioners seek the following reliefs :

(2.) The petitioner, a deemed limited company, is a Merchant Exporter recognised by the Ministry of Commerce, Government of India, as an Export House, and is inter-alia engaged in the business of exporting various engineering items like Forgings, Castings, Flanges, Diesel Engines, Diesel Engine Spare parts, etc. The petitioner company got manufactured from its supporting manufacturers various items such as Element, Cylinder Block, Piston complete, Forged Crankshafts, Cylinder liners, etc. and exported the same as a Merchant Exporter. It is the case of the petitioner that while doing so, it had followed the procedure prescribed under the provisions of the Customs Act, 1962 (the Act), EXIM Policy and other relevant legislations.

(3.) The petitioner, presented 30 shipping bills for export of goods under DEPB scheme under the provisions of Section 50 of the Act during the period of May,1999 to September,2000. The Customs Authorities after carrying out necessary verification and examination, permitted export of goods and finally assessed the shipping bills for export. Respondent No.2 ? Joint Director General of Foreign Trade issued DEPB credits on the basis of the aforesaid shipping bills which were valid for a period of 12 months from the date of issue.