Orissa HC: Directors Liable under S.138 NI Act Despite Company’s Insolvency  ||  Bombay HC: GST Return Details of Company Exempt from Disclosure under RTI Act  ||  Chhattisgarh HC: Timely Appointment of Electronic Evidence Examiners Vital in Cyber Crime Probes  ||  Bombay HC: GST Return Details of Company Exempt from Disclosure under RTI Act  ||  Bombay HC: GST Return Details of Company Exempt from Disclosure under RTI Act  ||  Bombay HC: Appeal under Section 37 A&C Doesn’t Bar Fresh Arbitration Proceedings  ||  Supreme Court: Upload Nodal Officer Details on Vatsalya Portal for Missing Child Cases  ||  NCLAT: ED Cannot Keep Attached Assets After Resolution Plan Approval  ||  SC: Gender-Neutral JAG Appointments Judgment Not Retrospective  ||  Supreme Court Rejects Telangana Govt Plea on HC Stay of 42% Backward Classes Reservation    

Director General of Foreign Trade and Ors. v. Kanak Exports and Ors. - (Supreme Court) (27 Oct 2015)

Withdraw export benefits only prospectively in case of accrued vested rights

MANU/SC/1258/2015

Civil

The Supreme Court has ruled that amendments to the government’s Target Plus Scheme, to increase exports of certain goods, cannot be applied retrospectively. The Scheme was aimed at encouraging certain “thrust sectors”, like textile, electronic hardware and automotive component, entitling exporters to duty credits. Also included was the gems and jewellery industry, which was subsequently removed from the list for misuse of benefit; and the government purported to recover benefit granted to such exporters retrospectively. The Court noted that exporters of gems and jewellery had a vested right to avail duty credit, and reducing credit that could be accumulated subsequent to its accumulation effectively operated the amendment retrospectively.

Relevant : Amendments in EXIM Policy 2002-2007 MANU/DGFT/0018/2004 State of Madhya Pradesh and Ors. v. Nandlal Jaiswal and Ors. MANU/SC/0034/1986 BALCO Employees Union (Regd.) v. Union of India and Ors. MANU/SC/0779/2001

Tags : TARGET PLUS   DUTY CREDIT   AMENDMENT   RETROSPECTIVE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved