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12. A Division Bench of the Gujarat High Court in the case of Adani Exports Limited v. Union of India, Special Civil Application No. 1676/2004 have upheld the impugned notifications though on the facts of that particular case relief is granted holding that the impugned notifications cannot be retrospective.

13. In exercise of the powers conferred under Section 5 of the Act, the Central Government has notified the Export and Import Policy for the period 2002-2007. This policy came into force with effect from 1 -4-2002 and shall remain in force up to 31-3-2007 and will be coterminus with the 10th Five Year Plan. The Central Government has reserved the right in public interest to make any amendments to this Policy in exercise of the powers conferred by Section 5 of the Act. Such amendment shall be made by means of a Notification published in the Gazette of India. The principal objectives of the policy are, to facilitate sustained growth in exports to attain a share of atleast 1 % of global merchandise trade, to stimulate sustained growth by providing access to essential raw materials, intermediates, components, consumables and capital goods required for augmenting production and providing services; to enhance the technological strength and efficiency of Indian agriculture, industry and services, thereby improving their competitive strength while generating new employment opportunities and to encourage the attainment of accepted internationally accepted standards of quality. Chapter 3 of the said Policy provides for promotional measures. Clause 9.5.3. of the said Policy defines the "status holder" to mean an Exporter recognised as Exporter House/Trading House by BGAT or other authorities mentioned therein. Clause 3.7.2.1 provides special strategic package for status holders. Among the several facilities which are extended to the status holders, the facility which is the subject matter of these writ petitions is the duty free import entitlement for status holders having incremental growth of more than 25% in FOB value of exports (in free foreign exchange) subject to a minimum export turnover of Rs. 25 crores (in free foreign exchange). The duty free entitlement shall be 10% of the incremental growth in exports. Such entitlement can be used for import of goods, office equipment and inputs for their own factory or the factory of the associate/supporting manufacturer/job worker. The entitlement/goods shall not be transferable.