AIR 2022 SUPREME COURT 5529 ::AIROnline 2022 SC 813 ::2022 (16) Scale 68

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, Krishna Murari , JJ

(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export of mineral and iron ore - It was policy decision of Union concerning incentive which may be varied and or even withdrawn - Appellant cannot claim benefit of additional license under old Exim policy, which was not in existence - Further, appellant cannot be permitted to claim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 (Para 6 8) (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- No exporter can claim incentive as matter of right - It is policy decision of Union which may be varied or even withdrawn - Union is free to change Exim Policy and consider from time to time on which items there sh....