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
excise duty, is binding. The same is clearly beyond the powers of the
DGFT.
13. Section 6 of the Act provides for appointment and functions ... inconsistent with the FTP would be clearly
beyond the powers of the DGFT. In M/s Atul Commodities Pvt. Ltd. and
Ors. v. Commissioner
Counsel for the Respondents, at the outset, submits that the
power of the DGFT to interpret and implement the provisions ... Policy Interpretation Committee is chaired by the
DGFT who also holds the power to approve the Minutes of Meeting of the
PIC. The ld. counsel
facts of these cases. Further we also notice that DGFT has got the power to issue circulars under clause 2.3 of the Foreign Trade Policy ... Foreign Trade Policy 2004-2009. In any view the power of DGFT in issuing those circulars have not been questioned by the importer in appropriate
National
Thermal Power Corporation (NTPC) which is engaged in the project
of setting up a Super Thermal Power Projectin the State of Bihar
awarded ... policy has to be resolved/clarified by
DGFT. In the light of the power expressly conferred by the statute for
carrying
that no
refund of TED should be provided by the Office of
DGFT/Development Commissioners, as supplies made by DTA Unit ... impugned circular”
12 for short, “DGFT”
13 for short, “said notification”
5
Policy, 2009201414 in exercise of powers conferred by Section
claimed that the Directorate
General of Foreign Trade (DGFT) is vested with the power under
Para 2.3(a) of FTP 2009-2014 to interpret ... clarify
such kind of misunderstanding as forwarded by the applicants.
The DGFT vide Policy Circular No. 9(RE-2013)/2009-2014 dated
30th October
Deputy Commissioner, the DGFT's "clarification" was against the party. The authority given to the DGFT under para 4.13 ibid ... reason why the law makers did not permit the DGFT to delegate this power to any other authority. In two of the above three cases
been exported. The manner of determining value addition has been disputed by DGFT authorities and finally settled by them vide their order dated 31.12.2002. There ... interlinked scheme. There are certain responsibilities and powers given to DGFT authorities like taking action for non fulfillment of export promotion within the specify period
later claimed back by them through refund of
the TED from the DGFT, Rajkot. She has submitted that as all
these facts came ... submitted that the refund has been given by
the DGFT after due verification and the powers of suspension
and cancellation is with DGFT under Section
