J G EXPORTS Vs. COMMISSIONER OF CUSTOMS CHENNAI

JUDGEMENT

(1.) THE Order of the Court is as follows :- Petitioner seeks issuance of writ ofmandamusdirecting the second and the third respondents to complete the verification of the following duty Entitlement Pass Book (hereinafter referred to as DEPB) licences : (i)04600645, dated 4-6-1998; (ii) 04600567, dated 19-5-1998; (iii) 04600569, dated 20-5-1998 and (iv) 04600571, dated 21-4-1998 issued by the fourth respondent strictly in accordance with the provisions of paragraph 7. 43 of the Hand Book of procedures issued by the Ministry of Commerce and permit the petitioner-firm to use the credits granted in terms of the said licences.

(2.) PETITIONER is a firm engaged in business of exports of various commodities. The Government of India through the Ministry of Commerce has formulated a scheme called Duty Entitlement Pass Book Scheme (DEPB Scheme), which is decided in Chapter 7 para 7. 25 of the Export-Import Policy for the period 1997-2002 announced by the Ministry of Commerce, Government of India.

(3.) IT is stated that Circulars bearing Nos. 10/97, dated 17-4-1997; 15/97, dated 3-6-1997; 69/97, dated 8-12-1997 are issued by the ministry of Finance, Department of Revenue. IT is also stated that since the granting of credits is as a percentage of the export value, to check the correctness of the export value declared in the shipping bills. The concept known as present market value has been described in the Export-Import Policy.