Chillies Exporters Association India Vs DGFT & Anr (Delhi High Court)
Delhi High Court held that retrospective applicability of Transport and Marketing Assistance Scheme is impermissible in law. Thus, notification of foreclosure of the Scheme dated 25.03.2022 shall have no application for exports effected between 01.04.2021 and 08.09.2021.
Facts- Proceedings of this petition filed under Article 226 of the Constitution of India by an association of chillies exporters have been instituted challenging an order dated 19.03.2024 passed by the Directorate General of Foreign Trade, Department of Commerce, Government of India in compliance of an order dated 28.11.2023 passed by this Court, which too was filed by the petitioner/association. By the said order dated 28.11.2023, this Court had directed the said writ petition to be treated as a representation and to be decided by the competent authority in the office of the DGFT by way of a reasoned order.
The petitioner/association has also prayed for issuing an appropriate writ declaring the notification dated 25.03.2022, issued by the Government of India, Department of Commerce, Ministry of Commerce, whereby a Scheme titled “Revised Transport and Marketing Assistance (TMA) for Specified Agricultural Products” vide notification dated 09.09.2021 was foreclosed, and accordingly the notification dated 09.09.2021 was withdrawn, as ultra vires. Prayer is, thus, to set aside the notification dated 25.03.2022.
