2019 (3) TMI 456 - HC - Customs

Validity of Pre-import conditions - Exemption from integrated tax and GST compensation cess - benefit of N/N. 18/2015- Cus - Import against Advance Authorisation - Duty Exemption/Remission Schemes - pre-import conditions - Held that - Held that - A similar controversy was raised before this court in the case of M/s Maxim Tubes Company Pvt. Ltd. v. Union of India 2019 (2) TMI 1445 - GUJARAT HIGH COURT , where this court has allowed the petitions and has struck down the pre-import condition contained in paragraph 4.14 of the Foreign Trade Policy, 2015- 2020 inserted vide Notification No.33/2015-2020 dated 13.10.2017 and clause (xii) in Notification No.18/2015-Cus inserted vide Notification No.79/2017-Cus dated 13.10.2017 as being ultra vires the Advance Authorisation Scheme as contained in the Foreign Trade Policy, 2015-2020 as well as the provisions of the Handbook of Procedures and has further held that consequently, all proceedings initiated for violation of pre-import condition would no longer survive. The pre-import condition contained in paragraph 4.14 of the Foreign Trade Policy, 2015- 2020 inserted vide Notification No.33/2015-2020 dated 13.10.2017 and clause (xii) in Notification No.18/2015-Cus inserted vide Notification No.79/2017-Cus dated 13.10.2017, is hereby struck down as being ultra vires the Advance Authorisation Scheme as contained in the Foreign Trade Policy, 2015-2020 as well as the provisions of the Handbook of Procedures. Petition allowed.

Summary

Issues:
Challenge to "pre-import condition" in FTP 2015-20 and Notification No. 18/2015-Cus.
Applicability of Articles 14 and 19(1)(g) of the Constitution of India.
Validity of the "pre-import condition" under the Advance Authorisation Scheme.
Effect of judgment in M/s Maxim Tubes Company Pvt. Ltd. v. Union of India.
Agreement of parties on the applicability of the previous judgment.

Analysis:
The petitioners sought a writ of Mandamus or any appropriate writ to challenge the "pre-import condition" in FTP 2015-20 and Notification No. 18/2015-Cus, alleging it to be ultra vires Articles 14 and 19(1)(g) of the Constitution of India. The High Court noted a similar controversy addressed in M/s Maxim Tubes Company Pvt. Ltd. v. Union of India, where the court had struck down the "pre-import condition" as ultra vires the Advance Authorisation Scheme and the provisions of the Handbook of Procedures. Consequently, all proceedings for violating this condition were deemed invalid. The court found the present case to be squarely covered by the previous judgment, and the petition was allowed based on the reasoning and decision in the earlier case.

The judgment in M/s Maxim Tubes Company Pvt. Ltd. v. Union of India held that the "pre-import condition" in FTP 2015-20 and Notification No. 18/2015-Cus was ultra vires the Advance Authorisation Scheme and the Handbook of Procedures. As a result, the High Court in the current case struck down the same condition, declaring it invalid. The court emphasized that all proceedings initiated based on this condition would no longer be valid, aligning with the decision in the previous case. The judgment made the rule absolute without any order as to costs, indicating a clear resolution of the issue in favor of the petitioners based on the precedent set by the earlier ruling.

The agreement between the parties and their respective counsels on the applicability of the judgment in M/s Maxim Tubes Company Pvt. Ltd. v. Union of India further solidified the decision in the present case. The court acknowledged that the controversy in the current matter was identical to the one addressed in the previous case, leading to a swift resolution based on the established legal principles and findings. By recognizing the precedent and upholding the reasoning of the prior judgment, the High Court provided a consistent and conclusive outcome in the matter concerning the validity of the "pre-import condition" under the relevant trade policies and customs notifications.