The High Court of Bombay disposed of a writ petition by noting that the Customs Department had evolved a mechanism to handle amended shipping bills for MEIS benefits, rendering further orders unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3202 OF 2022
Technocraft Industries (India) Ltd. … Petitioner vs. The Union of India and Ors. … Respondents
Mr. P. D. Shukla I.b PDS Legal for Petitioner. Mrs. Shehnaz V. Bharucha with Mr.Ashutosh Mishra and Mr. Vikas Salgai i/b A. A. Ansari for Respondents No. 1 to 3. Mr. M. P. Sharma and Mr. Deepak Sharma for Respondent No.4.
CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 12 APRIL 2023
P.C. :
Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2023.04.13 18:57:23 +0530
. The Petition is listed on board for directions to report compliance. Writ Petition is already disposed of by judgment and order dated 13 January 2023. The matter was kept on board today for the officers of the Customs Department and of the Directorate of Foreign Trade to inform the Court as to what mechanism they came to evolve to deal with amended shipping bills.
2 Learned Counsel for Respondent No.4-Customs places before us an Advisory issued by the Directorate General of Systems and Data Management, dated 11 April 2020, regarding the transmission
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of shipping bills from Systems’ backend to DGFT for MEIS benefits in certain cases. The advisory reads thus:
“Date : 11th April, 2023 Advisory No.: 07/2023 Category : Exports Issued by: DgoS, ICES Subject : Transmission of Shipping Bills from systems’ backend to DGFT for MEIS benefits in certain cases-reg.
Various references have been received regarding post EGM amendment of Shipping Bills where the customs authorities have allowed amendment of shipping bills under Section 149 of the Customs Act, 1962 after filing of EGM.
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the original declaration of the exporter.
Deputy Director, ICES”.
3 Accordingly, noting the fact that a methodology has been evolved by the department to take care of the issues which we have highlighted in the judgment, no further orders are required to be passed, as petition is already disposed of. This order be read along with the judgment and order dated 13 January 2023.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.)
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Nikita Gadgil
Technocraft Industries (India) Ltd.
The Union of India
Directorate General of Systems and Data Management
Directorate of Foreign Trade
Nitin Jamdar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
