DGFT Can Change Exim Policy; Exporters Cannot Claim Incentive As A Matter Of Right: Supreme Court

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 To grant the benefit of an incentive is a policy decision which may be varied and/or even withdrawn.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

Insurance Company Cannot Take A Defense Which Did Not Form The Basis Of Repudiation Of The Claim: Supreme Court

Courts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes: Supreme Court

Karnataka Industrial Area Development Board Can Acquire Land For A Single Company To Set Up An Industry: Supreme Court

Section 204 CrPC – Magistrate’s Order Of Issuance Of Process Liable To Be Set Aside If No Reasons Are Given: Supreme Court

Four Months Time Breaking point U/Sec 19 PC Act To Choose A ‘Authorization Solicitation’ Compulsory; Yet Criminal Procedures Can’t Be Subdued For Deferral: Supreme Court