Calcutta High Court
Itc Ltd & Anr vs Joint Director General Of Foreign Trade ... on 17 March, 2021
Author: Arindam Sinha
Bench: Arindam Sinha
OD-4
ORDER SHEET
WPO 268 OF 2018
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ITC LTD & ANR.
Versus
JOINT DIRECTOR GENERAL OF FOREIGN TRADE & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 17TH March, 2021 Appearance:
Mr. J.P. Khaitan, Sr. Adv Mr. Sonjoy Bhowmik, Adv.
Mr. Ganesh N. Jajodia, Adv.
Mr. Rohit Banerjee, Adv.
...for petitioner Mr. Uipul Kundalia, Adv.
Mr. S.C. Prasad, Adv.
...for DGFT The Court : Mr. Khaitan, learned senior advocate appears on behalf of petitioners, who have impugned communication dated 3rd March, 2017 and clarification dated 23rd September, 2014. He submits, by notification dated 28th December, 2012, entitlement for Duty Credit Scrip @ 2% on incremental export 2 growth during the period, was made available as admissible. The Duty Credit Scrip were freely transferable. Public notice dated 28th September, 2012 was issued prescribing procedure. Subsequent notification dated 18th April, 2013 was issued. The earlier notification was for quarterly incentive and latter for annual. Then came notification dated 25th September, 2013 limiting the scheme to 25% incremental growth or Rs.10 crores in value, whichever is less.
Paucity of time intervenes. List on 31st March, 2021 as prayed for by Mr. Kundulia, learned advocate appearing on behalf of Director General of Foreign Trade (DGFT), under same heading.
Affidavit in reply is filed.
(ARINDAM SINHA, J.) Sbghosh