judicial powers i.e. power
to hear appellate proceedings.
• Section 16 refers to the revision powers granted to the
Central Government and DGFT to revise ... provisions of the Act and the Rules. Such power is implicit power of
the DGFT to determine any procedure followed by an exporter
notification, the Foreign Trade Policy with further power to
amend it. The powers and functions of the DGFT is provided under
Section ... Central Government upon the
DGFT and, therefore, the DGFT as a delegatee cannot exercise the power
of the Central Government conferred under Section
power to formulate and announce the Foreign
Trade Policy vest in the Central Government who
can delegate some of its powers to the DGFT ... concerned Ministry and the DGFT was
merely authenticated to issue this Notification and the DGFT has not
exercised any powers under Section
Government to give the aforesaid functions of
DGFT even to other officers subordinate to DGFT, except
for powers conferred under Sections ... DGFT. In those cases, where the
adjudicating officer is DGFT himself, appeal lies to the
Central Government. Under Section 16 , revisionary powers
are conferred upon
Government to give the aforesaid functions of
DGFT even to other officers subordinate to DGFT, except
for powers conferred under Sections ... DGFT. In those cases, where the
adjudicating officer is DGFT himself, appeal lies to the
Central Government. Under Section 16 , revisionary powers
are conferred upon
Government to give the
aforesaid functions of DGFT even to other officers
subordinate to DGFT, except for powers conferred
under Sections ... DGFT in the said judgment cannot be made the basis to
come to the conclusion that the DGFT has power and
jurisdiction to amend
powers under sections 3 , 5 , 15 , 16 and 19 are specifically
excluded which means that these powers cannot be delegated.
Thus, power to announce ... powers conferred under clause (2)
of the Constitution of India whereby powers of authentication
of Orders and other instruments have been vested in the DGFT
powers to amend
the FTP, in view of the specific exclusion of delegation of powers
under Section 5 by the Central Government to DGFT ... purview of the EXIM Policy by means of public notice. The power
of DGFT is only to be exercised for procedural purposes and both
followed at the
procurement of power is restricted only to Mega
Power Projects and not to Non Mega Power Projects.
(dd) TSPL's undertaking ... supplied to both Mega Power
Projects as well as Non Mega Power Projects.
(c) For Non Mega Power Projects as per Para
referral Bench for consideration of the Larger Bench:
(i) Whether DGFT has powers to amend the licence including the re-validation (obviously referring ... powers to amend the licence retrospectively.
4. At the same time, learned SDR submits that the issue as regards the powers of DGFT to amend
