GLIMPSE OF A LATEST VERDICT* * Honourable Mr. Justice R. Subramanian * Alstom T&D India Limited Vs. The Assistant Director General of Foreign Trade & Ors.* WP. No. 3264 of 2016 Dated: 05.07.2022 *Honourable Mr. Justice R. Subramanian * allowed the Writ Petition in the matter relating to *“Duty Free Credit Entitlement (DFCE) Certificate – ”* and further observed and held as follows:

*GLIMPSE OF A LATEST VERDICT*
*

Honourable Mr. Justice R. Subramanian *

Alstom T&D India Limited Vs. The Assistant Director General of Foreign Trade & Ors.*
WP. No. 3264 of 2016
Dated: 05.07.2022
*Honourable Mr. Justice R. Subramanian * allowed the Writ Petition in the matter relating to *“Duty Free Credit Entitlement (DFCE) Certificate – ”* and further observed and held as follows:

i) Petitioner’s application for issue of DFCE Certificate was rejected and the same was challenged on the ground that the rejection is opposed to the Amendment of the Policy issued on 07.04.2005 under Public Notice No.69/2004-09.

ii) Originally, as per the scheme, an applicant in order to claim DFCE Certificate should have been a status holder as on 31.03.2003 and should have achieved a minimum export turnover of Rs.25 Crores in the year 2003-2004.

iii) As per the amended provision, the requirement that the applicant should be a status holder or a Star Export House as on 31.03.2003. All that the amended provision requires is that the applicant should be a status holder or a Star Export House which had achieved a minimum export turnover of Rs.25 Crores in the year 2003-04.

iv) The stand of the respondents that without the amendment, the petitioner should have been a status holder for the year 2002-03 is in negation of the rights conferred on the petitioner under the Amendment