Case Law Details
Polyhose India Private Limited Vs Additional Director General of Foreign Trade (Madras High Court)
Madras High Court held that DGFT has powers to only clarify the doubts raised as to the interpretation of Policy and doesn’t have powers to amend the FTP policy. Accordingly, 100% EOU eligible for benefits of availing SHIS.
Facts-
The Petitioner, operates as a 100% EOU), is an exporter of Thermoplastic High Pressure Hoses to various countries and the same is a sector which is eligible for the benefits of availing SHIS. The Petitioner have not availed the benefit of any Export Promotion Capital Goods Scheme (‘EPCG’)) under the FTP during the year 2011-12 and the same is not under dispute.
Being eligible for the incentive in the form of SHIS, the petitioner had applied for a SHIS at 1% of the FOB value of exports for the year 2011-12. The application was submitted before the office of the respondent who is the designated authority to grant the said licence.
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