Lack of Functionality of DGFT Portal: Delhi HC treats Writ Petition as Representation [Read Order]

The Delhi High Court treated the writ petition as representation on the ground of lack of functionality of the Director General of Foreign Trade (DGFT) portal.

The petitioner in the present matter is Chillies Exporters Association India. The present petition has been filed seeking a direction to Respondent No.1 to permit the Petitioner to apply for incentives under the Transport and Marketing Assistance for Specified Agriculture Products Scheme dated 09th September, 2021 (“revised TMA scheme”), which was foreclosed vide gazette notification dated 25th March, 2022.

The counsel for the Petitioner stated that the Petitioner is aggrieved by the failure of Respondent No.1 to perform its legal duties to the extent it did not operationalize and implement the revised scheme issued by Respondent No. 2 for exports effected during 01st April, 2021 to 31st March, 2022 vide Notification dated 09th September, 2021, which intended to grant incentive to exporters of specified agricultural products by way of part-reimbursement of their international freight cost, including assistance for marketing cost incurred.

The counsel for the Petitioner contended that the failure of Respondent No.1 to operationalize and implement the TMA scheme and non-operability of DGFT portal cannot be the basis for denying accrued and vested incentives of the exporters.

A Division Bench of the Court comprising Justice Manmohan, Acting Chief Justice and Justice Mini Pushkarna observed that “Though the lack of functionality of DGFT portal has been averred, yet keeping in view the fact that the Petitioner has directly approached this Court without filing any documents to show non-functionality of the portal and without making any written representation to DGFT, this Court directs the present writ petition to be treated as a representation and to be decided by the competent authority in the Office of DGFT by way of a reasoned order within twelve weeks.”

To Read the full text of the Order CLICK HERE

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