Supreme Court Directs Preventive Detention to Curb Illegal Mining in Chambal Sanctuary  ||  SC: Courts Must Frame Points For Determination and Give Reasoned Judgments in Ex Parte Cases  ||  Supreme Court: Clause Saying ‘Can Be Settled By Arbitration’ Does Not Mandate Arbitration  ||  SC: Employees Appointed Without Advertisement or Interview Cannot be Regularised  ||  Delhi HC: Non-Disclosure of Conflict By Andre Yeap Vitiates Arbitral Award in MSA Global Dispute  ||  Punjab & Haryana High Court: Arrest Memo Alone Not Final Proof of Arrest Time  ||  Rajasthan HC: Govt Department Cannot Terminate Outsourced Employee, Only Recommend Action  ||  Raj HC: HRA and Allowances Part of Deceased's Income for Motor Accident Compensation Calculation  ||  J&K& Ladakh HC: Executing Court Cannot Issue Levy Warrants While S.47 CPC Challenge is Pending  ||  J&K &L HC: Husband’s Girlfriend Not ‘Relative’ Under Sec 498A IPC, Cannot Be Prosecuted for Cruelty    

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