Supreme Court Of India
M. R. Shah,
(A) Foreign Trade (Development and Regulation) Act (22 of 1992) , S.5— EXIM policy – Appellant claiming benefit of additional license under old Exim policy – However, new Exim policy was made applicable under which benefit of additional licence cannot be claimed on export of mineral and iron ore – It was policy decision of Union concerning incentive which may be varied and or even withdrawn – Appellant cannot claim benefit of additional license under old Exim policy, which was not in existence – Further, appellant cannot be permitted to claim benefits on ground that some similarly situated persons were granted benefit wrongly – Appellant not entitled to benefit of additional license.
AIROnline 2008 BOM 20, Affirmed(Paras68)
(B) Evidence Act (1 of 1872) , S.115— Foreign Trade (Development and Regulation) Act (22 of 1992) , S.5— Promissory estoppel – Applicability – Claim for benefit of additional license on export of iron ore under Exim policy – Benefit of additional licence was in form of incentive – No exporter can claim incentive as matter of right – It is policy decision of Union which may be varied or even withdrawn – Union is free to change Exim Policy and consider from time to time on which items….
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