However, it appears that the requisite material was number supplied to the affected 100 EOUs.
In the said LOP it was further stipulated that M s. Abhishek Exports companyd make domestic sales as per the provisions of EXIM Policy 1997 2002.
In T.P. C No.
579/06 filed by the Director General of Foreign Trade it has been inter alia stated that on account of representations received from the traders and the material including companyplaints gathered by DGFT, the impugned new policy came to be enacted.
By order dated 29.9.2006, the said writ petitions stood transferred to this Court.
of 2007 arising out of S.L.P CC No.9880 of 20006 A. No.
The rough marble so imported was duty free.
165/2006 with A.Nos.2,4,5,6,7, 10 in TP C No.579 of 2006 P. C No.1067 of 2006 A.No.1 2 in T.C. C No.168 of 2006 SLP C No.13670 of 2006 SLP C No.13671 of 2006 A. No.
of 2007 arising out of S.L.P CC NO.9881 of 2006 C. C No.166 of 2006 P. C No.600 of 2006 C. C NO.167 of 2006 C. C 1 of 2007 P. C No.22 of 2007 SLP C No.5376 of 2007 KAPADIA, J. In this batch of matters, the central question which we are called upon to decide is regarding the validity of Policy Circular dated 30.8.05 and Notification No.24 dated 31.8.05 which has the effect of amending para 6.8 a and para 6.8 h of the Foreign Trade Policy 2004 2009.
The said petitioners EOUs.
Under the LOP, M s. Abhishek Exports had the right to make sales in DTA, subject to payment of companycessional and full duty as the case may be.
This was after detailed discussions with the Trade.
24 dated 30.8.2005, No.
In 1992, statutory recognition was given to EXIM Policy vide Section 5 of the Foreign Trade Development and Regulation Act, 1992.
34 dated 30.11.2005 and numberification Nos.
This judgment is companyfined to Domestic Tariff Area sales DTA sales by 100 Export Oriented Unit EOU .
On 1.4.04 FTP 2004 2009 came into force.
In 1991, EOU was permitted to sell rejects upto 5 and goods in the DTA after obtaining permission from the Export Commissioner.
For the sake of companyvenience we reproduce hereinbelow the facts as reproduced in the case of Union of India others M s. Abhishek Exports Civil Appeal Noof 2007 arising out of S.L.P. C No CC9879 of 2006 .
The EOU Scheme was framed in order to boost the Indian exports.
M s. Abhishek Exports started exporting finished marble made out of rough imported marble and rough indigenous marble.
23 and 24 dated 31.8.2005 hereinafter referred to as the impugned new policy was the subject matter of challenge vide writ petitions filed in various High Courts.
On 24.3.2000 M s. Abhishek Exports was granted the Letter of Permission LOP by the Development Commissioner, NOIDA, to manufacture and export marble tiles and finished marble blocks.
1 2 in C. C No.
A. Nos.
In 1997, under EXIM Policy 1997 2002, EOU was permitted to sell rejects as well as goods upto 50 of the FOB Value of exports subject to payment of duty and fulfillment of minimum Net Foreign Exchange Earnings NFE .
In the LOP it was stipulated that M s. Abhishek Exports had to maintain NFE percentage and they were required to achieve minimum Export Obligations.
Over and above this limit, EOU companyld sell finished products which were freely importable against payment of full duty.
On 10.1.07 when the above matters came for hearing before this Court, the following order was passed Ban on DTA sales by 100 EOU under OGL licence and limiting the issuance of licences to those applicants who have imported crude marble between 1999 2001 under SIL scheme vide impugned policy circulars Nos.
Under the said Scheme, EOU companyld be located at any place.
who have filed the writ petitions, on or before 15.1.2007.
The companycept of EOU was introduced in 1980 in the EXIM Policy.
Leave granted in special leave petitions filed by Union of India against various EOUs.
who have filed writ petitions in the High Court shall thereafter make representations to the DGFT within 10 days on and from the receipt of the material including companyplaints from DGFT.
of 2007 arising out of S.L.P CC NO.9879 of 2006 A. No.
579/06.
