Gujarat HC Grants Bail to Marriage Bureau Owner, Finds No Link to Alleged ‘Looteri Dulhan’ Gang  ||  Calcutta HC: Minor’s Consent has No Mitigating Effect in POCSO Sexual Assault Cases  ||  Orissa HC Commutes Death Sentence, Says Emotion Cannot Override Established Law  ||  Calcutta HC: Street Vendors Act Protects Lawful Vending, Not Illegal Encroachments  ||  P&H HC: Courts Cannot Reveal Identities of Children in Conflict With Law in Court Records  ||  Bombay HC: Government Cannot Fix ‘Politically Convenient’ Election Dates sets Goa Poll Timeline  ||  SC: Major Port Trusts Liable for Customs Duty on Pilfered Goods under Customs Act  ||  Supreme Court: General Fraud Allegations Cannot Extend Limitation under Section 74 CGST Act  ||  SC: ‘No Coercive Steps’ Order Cannot Restrain Filing of Charge Sheet  ||  Chhattisgarh HC: Maintenance for Autistic Child May Continue Beyond 18 Until Self-Sufficient    

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 2026 - All Rights Reserved