Delhi High Court - Orders
M.D. Overseas Private Limited vs Director General Of Foreign Trade & Anr on 16 January, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 640/2024
M.D. OVERSEAS PRIVATE LIMITED ..... Petitioner
Through: Mr. Kishore Kunal and Mr. Mahesh
Singh, Advocates.
versus
DIRECTOR GENERAL OF FOREIGN TRADE & ANR.
..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Sahaj Garg, GP and Mr.
Kushagra Kumar, Advocate for UOI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 16.01.2024 CM APPL. 2797/2024 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 640/2024
1. The Petitioner has approached this Court challenging the rejection of the application for amendment of the advance authorization and re- validation on the following grounds:-
"III. Accordingly, the following observations are submitted for perusal please-
1.Request for enhancing the value or amendments to the original application do not find justification, as an enhancement in value is akin to seeking a new Advance Authorisation which was already disallowed vide Notification 25/2015-20 dated W.P.(C) 640/2024 Page 1 of 3 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 25/01/2024 at 16:17:46 10Aug2020 prior to the date of application of this amendment on 24-Sept-2021.
2. It is noted that you were exporting and importing under the given AA as issued. There are various Shipping Bills for export and Bills of Entry of import generated at Customs against the said Advance Authorisation.
3. It is further noted that you had chosen to reply to the deficiency after a prolonged period.
4. It is additionally noted that Import validity of the given authorisation expired on 13-Sept- 2022 and the export validity also expired on 13-Mar-2023. The request for disposal of amendment request was followed up in year 2023 only after the said import or export periods have lapsed.
5. It is also noted that you have not applied for any revalidation for extension of import validity of the said AA till date. Therefore, the consideration for revalidation of import validity does not arise.
6. Given the sensitivity, the said items find specific mention under Appendix-4J of the Foreign Trade Policy (FTP) wherein the Import Validity and Export Obligation period are curtailed. Any request for revalidation shall be governed by the relevant provisions of the FTP and HBP and cannot be considered in this manner.
7. Lastly, you are required to have exported sufficient quantities to fulfil the export obligations on the imports already affected failing which you are liable for penal action and recovery of government dues with interest.W.P.(C) 640/2024 Page 2 of 3
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 25/01/2024 at 16:17:46 IV. Your case has been denied, and your request stands closed. You have the option to explore additional remedies available under the Foreign Trade Policy and the Foreign Trade (Development And Regulation) ACT, 1992 (as amended from time to time). "
2. Learned Counsel for the Petitioner states that the Petitioner has not asked for any increase in the quantity of gold but has only asked for increase in the value because of the increase in the price of gold which, therefore, does not amount to a new authorization which is the basis of rejecting the application.
3. Issue notice.
4. Mr. Ripudaman Bhardwaj, learned CGSC for the Respondent, accepts notice. He seeks some time to file the reply. Let reply be filed within four weeks from today. Rejoinder, if any, be filed within two weeks thereafter.
5. List on 22.04.2024.
6. Looking at the fact that the application was made in the year 2019 and rejected in the year 2023, i.e., after four years, reply be filed before the next date of hearing.
SUBRAMONIUM PRASAD, J JANUARY 16, 2024 hsk W.P.(C) 640/2024 Page 3 of 3 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 25/01/2024 at 16:17:47