01Facts
The petitioners are exporters of "white refined sugar" under ITC(HS) Code 1701 1490
p. 2 · ¶ 4They sought rebates under the Remission of Duties and Taxes on Export Products (RoDTEP) Scheme, which was introduced to remit duties on exported products
p. 2 · ¶ 4Via Notification No. 10/2015-20 dated 24 May 2022, the Central Government amended the export policy for sugar from "free" to "restricted," requiring specific permission from the Directorate of Sugar, Department of Food and Public Distribution (DFPD)
p. 5 · ¶ 9The petitioners exported sugar after obtaining the requisite specific permissions
p. 6 · ¶ 10However, the Respondents denied RoDTEP benefits (and in some cases initiated recovery of benefits already granted), contending that "restricted" items are ineligible for the scheme under Paragraph 4.55(iv) of the Foreign Trade Policy and Notification No. 76/2021-Customs
p. 4 · ¶ 8 · p. 13 · ¶ 1902Issues
i.1. Whether the export of sugar, categorized as "restricted" but permitted via specific permissions from the DFPD, is ineligible for duty credit under the RoDTEP Scheme
p. 4 · ¶ 8ii.2. Whether the Revenue can take a contrary stand on the eligibility of sugar for RoDTEP benefits when the issue has attained finality through previous High Court judgments affirmed by the Supreme Court
p. 11 · ¶ 18 · p. 15 · ¶ 2403Law Applied
The court interpreted Notification No. 10/2015-20 (Export Policy of Sugar) alongside the RoDTEP Scheme guidelines under Notification No. 19/2015-20 and Notification No. 76/2021-Customs (N.T.)
pp. 4-5It applied the principle of judicial discipline and uniformity in the interpretation of all-India statutes, as established in Maneklal Chunilal & Sons Ltd. v. CIT and CIT v. Jayantilal Ramanlal & Co.
p. 15 · ¶ 24These precedents mandate that for the sake of uniformity in Central Legislations/tax matters, the view taken by one High Court should be followed by another unless the previous judgment is per incuriam
p. 16 · ¶ 25Provisions in the judgment · 4 · Linked ones open on LawLens
Customs Act,1962 Section 28Section 51
Foreign Trade (Development and Regulation) Act, 1992 Section 3Section 5
04Reasoning
The court reasoned that the restriction on sugar export was not absolute but regulatory, as the policy explicitly permitted exports subject to specific permissions and quotas granted by the DFPD
p. 14 · ¶ 22Since the petitioners complied with these regulatory requirements, their exports could not be categorized as "prohibited" so as to deprive them of RoDTEP benefits
p. 14 · ¶ 22Furthermore, the court noted that the Gujarat High Court had already decided this identical issue in Shree Renuka Sugars Ltd. and M/s Satyendra Packaging Ltd., ruling in favor of the exporters
pp. 7-8 · ¶ 12-13The Revenue’s Special Leave Petition against those orders was dismissed by the Supreme Court, and the Department had subsequently issued internal communications admitting that the matter had attained finality
pp. 10-11 · ¶ 14-15The court emphasized that the Department cannot agitate the same issue before different High Courts once an authoritative pronouncement exists, as doing so leads to "judicial chaos"
p. 16 · ¶ 2505Holding
The court allowed the petitions, holding that the petitioners are entitled to RoDTEP benefits for sugar exported under specific permissions
p. 17 · ¶ 27(i)The Respondents were directed to grant the rebate to the petitioners and, in cases where benefits were previously withdrawn/recovered, refund the amounts within four weeks along with interest at 6% p.a.
pp. 17-18 · ¶ 27(iii)The court further restrained the Respondents from taking any coercive action for recovery in cases where benefits had already been granted
p. 18 · ¶ 27(iv)Original Court PDF
Rika Global Impex LimitedvsUnion Of India And Ors
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
