Amendment to FTP can be done only by Central Government & not by DGFT

Patanjali Foods Limited Vs Union of India (Karnataka High Court)

Karnataka High Court held that amendment to Foreign Trade Policy (FTP) can be done only by the Central Government and not by DGFT. Whereas, amendment to the procedure can be done by DGFT.

Facts- In this petition, petitioner, M/s. Patanjali Foods Limited, has sought to issue writ of Certiorari or any other appropriate writ, order of direction while calling for records pertaining to the public Notice No. 15/2015-20 dated:14.06.2022 and quash / set aside ‘ condition x’ mentioned in pare 2 of the said Public Notice No. 15/2015-20 dated: 14.06.2022.

Further, it is also sought to issue a Writ of Mandamus or any other appropriate writ, order or direction while directing Respondent No.2 to delete Condition No. 3 in the condition sheet of the Tariff Rate Quota dated 05.07.2022 vide Annexure – M issued / allotted to the Petitioner.

Conclusion- Held that amendment to the FTP can be done only by the Central Government under Para 1.02 of the FTP, whereas amendment to the procedure can be done by the DGFT under Para 1.03 and Para 2.04 of the FTP.

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