Issue, suspension and cancellation of licence
Section 9 of the Foreign Trade (Development and Regulation) Act, 1992 deals with issue, suspension and cancellation of licence. The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] of in respect of any [licence, certificate, scrip or any instrument bestowi The Act came into force on 19 Jun 1992.
(1) The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] of in respect of any 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted or renewed in such manner as may be prescribed.
2 [(2) The Director General or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and, grant or renew or refuse to grant or renew a certificate, scrip or any instrument bestowing financial or fiscal benefit, after recording in writing his reasons for such refusal.]
(3) A 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted or renewed under this section shall--
(a) be in such form as may be prescribed;
(b) be valid for such period as may be specified therein; and
(c) be subject to such terms, conditions and restrictions as may be prescribed or as specified in the 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] with reference to the terms, conditions and restrictions so prescribed.
(4) The Director General or the officer authorised under sub-section (2) may, subject to such conditions as may be prescribed, for good and sufficient reasons, to be recorded in writing, suspend or cancel any 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted under this Act:
Provided that no such suspension or cancellation shall be made except after giving the holder of the 3 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] a reasonable opportunity of being heard.
(5) An appeal against an order refusing to grant, or renew or suspending or cancelling, a 3 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] shall lie in like manner as an appeal against an order would lie under section 15.
Section 9, The Foreign Trade (Development and Regulation) Act, 1992 (Act 22 of 1992).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Daimler India Commercial Vehicles Pvt. Ltd. v. Additional Director General of Foreign Trade
Court's Decision & Legal Precedent
Recorded that DGFT SCNs proposed penal action under FTDR Act for alleged FTP/MEIS contraventions; held the cancellation pathway actually invoked was s.9(4)/Rule 10, which was not made out, and remitted appellate orders.
On this section: Applied FTDR Act s.9(4) — DGFT/authorised officer may suspend/cancel licence/scrip only on prescribed grounds (Rule 10); appellate cancellation unsustainable if Rule 10 conditions unmet.
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Designco v. Union of India & Ors.
Court's Decision & Legal Precedent
Analysed s.17 assessment architecture and held alleged ITC(HS) misclassification, without more, does not satisfy the collusion/suppression predicates needed to sustain the challenged MEIS recovery process.
On this section: Applied FTDR Act s.9 — issue/suspension/cancellation of licence/scrip; Section 28AAA recovery predicated on instrument validity requires competent FTDR determination.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 9
What have the courts held on Section 9 of the Foreign Trade (Development and Regulation) Act?
Daimler India Commercial Vehicles Pvt. Ltd. v. Additional Director General of Foreign Trade (11 Jul 2025) is the leading judgment on this section among those set out below: Applied FTDR Act s.9(4) — DGFT/authorised officer may suspend/cancel licence/scrip only on prescribed grounds (Rule 10); appellate cancellation unsustainable if Rule 10 conditions unmet. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 9 of the Foreign Trade (Development and Regulation) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Foreign Trade (Development and Regulation) Act 9, section 9 Foreign Trade (Development and Regulation) Act, section 9 of the Foreign Trade (Development and Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Daimler India Commercial Vehicles Pvt. Ltd. v. Additional Director General of Foreign Trade (11 Jul 2025).
What should I read with Section 9 of the Foreign Trade (Development and Regulation) Act, and has it changed?
Its own text turns on section 15 (Appeal), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 4 instruments name it without being made under it, most recently Foreign Trade (Regulation)(Amendment) Rules, 2015 (2015), then The Foreign Trade(Development and Regulation) Amendment Act, 2010 (2010).
When did Section 9 of the Foreign Trade (Development and Regulation) Act come into force?
Section 9 of the Foreign Trade (Development and Regulation) Act, cited as Foreign Trade (Development and Regulation) Act 9, came into force on 19 Jun 1992, having been enacted on 07 Aug 1992. It is in force as at the date shown on this page.
Other sections of this Act
- 11. Contravention of provisions of this Act, rules, orders and foreign trade policy965 words
- 2. Definitions668 words
- 19. Power to make rules601 words
- 9A. Power of Central Government to impose quantitative restrictions434 words
- 15. Appeal373 words
- 8. Suspension and cancellation of Importer-exporter Code Number346 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.