Delhi High Court - Orders
Designco vs Union Of India & Ors on 12 September, 2023
Author: Yashwant Varma
Bench: Yashwant Varma, Dharmesh Sharma
$~16 to 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14477/2022 & CM APPL. 44224/2022 (Stay,) CM
APPL. 16731/2023 (13 Days Delay in Rej.)
DESIGNCO ..... Petitioner
Through: Mr. P.C.Patnaik and Mr.
Hemant Mishra, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rakesh Kumar, CGSC with
Mr. Sunil, Adv. for DGFT/UOI.
Mr. Jitesh Vikram Srivastava
and Mr. Prajesh Vikram
Srivastava, Advs. for UOI.
Mr. Aditya Singla, Standing
Counsel, CBIC and Ms. Charu
Sharma, Adv. for R-1, 2, 4 & 5.
17
+ W.P.(C) 17314/2022 & CM APPL. 55055/2022 (Interim Relief)
CM APPL. 37449/2023 (119 Days Delay in Rej.) CM APPL.
37450/2023 (61 Days Delay In Rej.)
M /S AMIT EXPORTS ..... Petitioner
Through: Mr. Tarun Gulati, Sr. Adv. with
Mr. Madhav Bhatia, Mr.
Shrestha Arya, Mr. Aditya
Pandey and Mr. Devansh Garg,
Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rakesh Kumar, CGSC with
Mr. Sunil and Mr. Rahul
Kumar Sharma, Advs. for UOI.
Mr. Satish Kumar, Standing
Counsel with Ms. Vaishali
Goyal, Adv. for R-7.
Mr. Rajeev Kr. Mishra, Adv.
for R-11.
Mr. Satish Aggarwala, Standing
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 16/09/2023 at 18:29:46
Counsel and Mr. Gagan
Vaswani, Adv. for R-6 & 7.
18
+ W.P.(C) 17328/2022 & CM APPL. 55093/2022 (Interim Relief)
CM APPL. 37439/2023 (116 Days Delay in Rej.)
M/S SHARMA INTERNATIONAL ..... Petitioner
Through: Mr. Tarun Gulati, Sr. Adv. with
Mr. Madhav Bhatia, Mr.
Shrestha Arya, Mr. Aditya
Pandey and Mr. Devansh Garg,
Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Rakesh Kumar, CGSC with
Mr. Sunil, Adv. for DGFT/UOI.
Mr. Sandeep Mahapatra, CGSC
and Mr. Gokul Sharma, Adv.
for UOI/R-1, 2, 4, 5, 8 & 9.
Mr. Satish Kumar, Standing
Counsel with Ms. Vaishali
Goyal, Adv. for R-7.
Mr. Rajeev Kr. Mishra, Adv.
for R-11.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 12.09.2023
1. The principal questions which would arise for our consideration in these matters would be whether the Directorate of Revenue Intelligence [DRI] could question or assail the classification as adopted by the petitioners and as appearing in the scrips issued under the Merchandise Export Incentive Scheme [MEIS] by the Directorate General of Foreign Trade [DGFT]. The further question which arises for determination is whether an issue of classification can be taken up This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:29:46 by the Customs authorities at all under the Customs Act, 1962 [the Act] and in a situation where the DGFT does not question the same.
2. In order to examine the aforementioned questions that arise holistically, we direct learned counsels for parties including counsels representing the DRI to place relevant material on the record, which may apprise us of the genesis for the creation of the DRI and the powers that have been entrusted to it under the Act.
3. The aforesaid material be placed on the record within a period of two weeks. We also take on board the statement of Mr. Kumar, learned Standing Counsel representing DGFT in W.P(C) 17314/2022 and who also accepts notice in the connected matters for the said respondent, that no counter affidavit is proposed to be filed at this stage.
4. List again on 29.11.2023.
5. Interim order(s) accorded earlier to continue till the next date of listing.
YASHWANT VARMA, J.
DHARMESH SHARMA, J.
SEPTEMBER 12, 2023 SU This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:29:46