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TMI Blog2018 (10) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... f the import and before the registration was cancelled, the goods were already put in transit. Petition disposed off. - R/SPECIAL CIVIL APPLICATION NO. 8433 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 8492 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 8587 of 2018 - - - Dated:- 24-10-2018 - MR AKIL KURESHI AND MR UMESH TRIVEDI, JJ. For The PETITIONER : MR RD RAVAL(716) For The RESPONDENT : MR NIKUNT K RAVAL(5558) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These petitions arise in common background. We may record facts individually. In Special Civil Application No.8433 of 2018, the petitioner is a Private Limited Company and is engaged in the business of import and export of agricul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts, petitioner had paid sums of 17500 USD, 31250 USD and 31250 USD respectively on 17.04.2018. In his case also the respondent authorities refused to clear the imports upon which this petition was filed. In such petition also, on 01.06.2018, the Court granted interim relief that till the returnable date, the impugned communication dated 18.05.2018 shall not adversely affect the consignment. Under such interim order, which continued from time to time, the petitioner cleared the entire quantity of the imports. 3. In Special Civil Application No.8587 of 2018 also the petitioner is an importer. On 17.05.2018, the petitioner had placed order for import of 3500 MT of yellow peas and made an advance payment of 47,250 USD. The petitioner was g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclude shipment already arrived from 01.04.2018 till 25.04.2018 and those shipments backed by Irrevocable Commercial Letter of Credit (ICLC) and Advance Payment made through Banking Channel before 25.04.2018. Both these categories will be required to be registered with Jurisdictional Regional Authority as per Para 1.05 of Foreign Trade Policy, 2015-20. 2. Effect of this Notification: Import policy of Yellow peas under Exim Code 071310000 is revised from free to restricted for a period of three month only. 4.1 As per this notification, thus the item in question was no longer free from import. The import thereof was restricted and the restriction was for a period from 01.04.2018 to 30.06.2018. The same would be subject to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued by Government of India on 05.07.2018, which reads as under: Reference is invited to Notification No.04 dated 25.04.2018 and Trade Notice No.12/2018 dated 18.05.2018 wherein it was provided that apart from ICLC, only those shipments which are backed by 100% advance payments before 25.04.2018, will qualify to be registered by the Regional Authorities of DGFT. 2. Many representations /applications have been received from various associations/importers requesting for allowing imports which are backed by part advance payments. Considering the hardship faced by the trade, it has been decided to allow imports of Peas under Exim Code 0713 1000 against advance payments for that much quantity proportional to the part advance payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oes not change or amend the original notification dated 25.04.2018. The term already imported as defined in the original notification was merely clarified as to mean that only 100% advance payment would qualify for such shipment. Even without the aid of this clarificatory Trade Notice, the main notification itself envisages that the term already imported would include two categories of transactions (i) where the shipment had already arrived between the said period of 01.04.2018 to 25.04.2018 and (ii) those shipments, which were backed by irrevocable commercial letter of credit or advance payment made through banking channel. This notification no way provided that only part payment would be sufficient for an importer to fall within such ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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