DGFT Can Change Exim Policy; Exporters Cannot Claim Incentive As A Matter Of Right: Supreme Court
Case: Chowgule & Company Limited vs Assistant Director General of Foreign Trade
Coram: Justices MR Shah and Krishna Murari
Case No.: CA 8225 OF 2009
Court Observation: The DGFT/Union is free to change the Exim Policy and consider from time to time on which items there shall be an incentive and on which items there shall not be any incentive. To grant the benefit of an incentive is a policy decision which may be varied and/or even withdrawn. No exporter can claim the incentive as a matter of right. Under the circumstances, the doctrine of promissory estoppel shall not be applicable to such a policy decision with respect to incentive, more particularly when it is well within the right of DGFT/appropriate authority/Union to come out with a new Exim Policy.
Previous Posts
