CaseDetails: Tikka Jewellers Pvt. Ltd. vs. Directorate General of Foreign Trade (2025) 34 Centax 6 (Guj.)
Judiciary and Counsel Details
- Bhargav D. Karia & Pranav Trivedi, JJ.
- Shri Fenil H Mehta, for the Petitioner
- Shri Ankit Shah, for the Respondent
Facts of the Case
The petitioner, a jewellery manufacturer, applied for the allocation of the Tariff Rate Quota (TRQ) under India-UAE CEPA. However, the application of the petitioner was not considered for the allocation of quotas as the average annual turnover of the petitioner was below Rs. 25 crore over the preceding three financial years. The decision was made by the Exim Facilitation Committee of the DGFT. The petitioner raised the grievance before the DGFT, stating that the committee could not override the notification issued by the DGFT. However, the grievance was rejected. The matter reached the Gujarat High Court.
High Court Held
The Court held that the allocation of the Tariff Rate Quota was a policy decision of the government. The conditions prescribed under the public notices issued by the DGFT were for the purpose of making the application for the allocation of the tariff quota. No interference was required to be made while exercising the extraordinary jurisdiction under Article 226 of the Constitution of India.
