INTOLCAST PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) All these petitions arise in common background. For convenience, we may notice facts from Special Civil Application No. 11262 of 2016.

(2.) Petitioners have challenged a Trade Notice No. 11 of 2015, dated 14-12-2015 issued by the Director General of Foreign Trade, Government of India ['DGFT' for short]. The petitioners are engaged in manufacturing and exporting engineering goods like casting, valves, parts of valves, etc. In exercise of powers under Section 5 of the Foreign Trade Development Regulation Act ['the Act' for short], the Government of India had framed Foreign Trade Policy 2009-14. Under such policy, the Government of India framed a Focus Product Scheme ['FPS' for short] which envisaged granting of duty credit scrip equivalent to 2% of the FOB value of exports of notified products mentioned in Appendix-37-D which were made from 27-8-2009 onwards. Relevant portion of this scheme reads as under :

(3.) Appendix 37-D contained a list of notified products for the purpose of FPS. Entry 242 thereof reads as under : <IMG>JUDGEMENT_74_LAWS(GJH)10_2016.jpg</IMG>