(1.) All these petitions arise in common background. For convenience, we may notice facts from Special Civil Application No. 11262 of 2016.
(2.) Petitioners have challenged a Trade Notice No. 11 of 2015, dated 14-12-2015 issued by the Director General of Foreign Trade, Government of India ['DGFT' for short]. The petitioners are engaged in manufacturing and exporting engineering goods like casting, valves, parts of valves, etc. In exercise of powers under Section 5 of the Foreign Trade Development Regulation Act ['the Act' for short], the Government of India had framed Foreign Trade Policy 2009-14. Under such policy, the Government of India framed a Focus Product Scheme ['FPS' for short] which envisaged granting of duty credit scrip equivalent to 2% of the FOB value of exports of notified products mentioned in Appendix-37-D which were made from 27-8-2009 onwards. Relevant portion of this scheme reads as under :
"3.15 Focus Product Scheme (FPS)
Objective is to incentivise export of such products which have high export intensity/employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.
Exports of notified products (as in Appendix 37D of HBPv1) to all countries (including SEZ units) shall be entitled for Duty Credit scrip equivalent to 2% of FOB value of exports (in free foreign exchange) for exports made from 27-8-2009 onwards, unless a specific date of export/period is specified by public notice/notification."
(3.) Appendix 37-D contained a list of notified products for the purpose of FPS. Entry 242 thereof reads as under :