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High Court of DelhiW.P.(C)/10360/2021

Mil Vehicles And Technologies Private Limited v. Union Of India & ORS.

2024-05-01Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~17 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10360/2021 MIL VEHICLES AND TECHNOLOGIES PRIVATE LIMITED ..... Petitioner Through:

Mr. Hari Radhakrishnan, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Ravi Prakash, CGSC with Mr.

Taha Yasin, Ms. Astu Khandelwal, Mr. Yasharth Shukla and Mr. Ali Khan, Advocates for R-1.

+ W.P.(C) 10362/2021 MIL VEHICLES AND TECHNOLOGIES PRIVATE LIMITED ..... Petitioner Through:

Mr. Hari Radhakrishnan, Advocate.

versus UNION OF INDIA, THROUGH THE SECRETARY & ORS.

..... Respondents Through:

Mr. Ravi Prakash, CGSC with Mr.

Taha Yasin, Ms. Astu Khandelwal, Mr. Yasharth Shukla and Mr. Ali Khan, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 01.05.2024 1.

The instant writ petitions have been filed by the Petitioners challenging the Order dated 22.02.2021 passed by Respondent No.2 rejecting the claim of the Petitioners for MEIS scrips for the supplies made from Domestic Tariff Area (DTA) to Foreign Trade Warehousing Zone (FTWZ) unit on account of foreign buyer.

2.

The facts of the cases reveal that the Petitioner supplied goods The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 11:22:43

through bills of export dated 05.04.2018 to buyer M/s James Fisher Defence Ltd. and consigned the goods to FTWZ unit at M/s Sidhdarth Logistics Co. Pvt. Ltd. Maharashtra. The Petitioner supplied goods through bills of export dated 23.04.2018 to buyer M/s James Fisher Defence Ltd. and on 11.02.2020 consigned the goods to FTWZ unit at M/s Sidhdarth Logistics Co. Pvt. Ltd. Maharashtra. The Petitioner applied for a MEIS scrip for a total value of INR 15,72,210/- covering all three supplies amounting to INR 15,72,210/-. By the Impugned Order dated 22.01.2021 the claim of the Petitioner was rejected, inter alia, on the ground that the supplies made by DTA unit to the FTWZ as special category SEZ comes under the ineligible category in terms of para 3.06 i) of FTP 2015-2020. 3.

The issue raised in the present Writ Petitions is squarely covered by the Judgment passed by a Coordinate Bench of this Court in W.P.(C) 2575/2022, titled as Horizon Aerospace (India) Pvt Ltd v. Union of India & Ors., 2023/DHC/001354, and affirmed by the Division Bench of this Court vide Order dated 28.02.2023.

4.

Accordingly, the present Writ Petitions are allowed in terms of the Judgment passed by the Coordinate Bench of this Court in W.P.(C) 2575/2022, titled as Horizon Aerospace (India) Pvt Ltd v. Union of India & Ors., 2023/DHC/001354.

5.

The Writ Petitions are disposed of along with the pending applications, if any.

SUBRAMONIUM PRASAD, J MAY 1, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 11:22:43