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TMI Blog2018 (11) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... as from existing free category to the restricted category and the restriction was subject to policy condition no.4 which read as under: "Policy Condition 4: During the period from 01st April to 30th June, 2018 total quantity of one lakh MT of yellow peas minus the quantity already imported from 01.04.2018 till date will be allowed against license as per procedure to be notified by DGFT. "Already Imported" will include 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, 201520" 4. Under this condition therefore, for the period between 1st April, 2018 to 30th June, 2018, total quantity of yellow peas that would be allowed to be imported would be one lakh MT minus the quantity already imported between 01.04.2018 to 25.04.2018. The term 'Already Imported' was also explained in the said condition, which would include the shipments which had already arrived between the said period as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India passed in Special Civil Application No.8433 of 2018 and connected petitions, we had occasion to examine these policy changes in the background of facts where the petitioners' therein were the importers had not only placed import orders coupled with advance part payment before 25.04.2018, but were also granted registration for import which registrations were sought to be cancelled. Subsequent to issuance of the trade notice dated 18.05.2018, the Court had granted interim relief protecting their imports. Substantial imports were made. However, while disposing of the petitions, we had examined these policy changes made by the Government of India and observed as under: "4. As recorded, yellow peas was free from any restriction for import as per the Government of India Import Export policy. This was amended by notification dated 25.04.2018, which provided as under: "S.O. (E): In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 20152020, as amended from time to time to this time, the Central Government hereby amends the Import policy of items of Chapter 7 of the ITC (HS) 2017, Schedule 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Authorities of DGFT. 4. In cases where RAs have already registered contracts with part advance payments, such cases may be treated as recalled /cancelled henceforth. Accordingly, RAs /Customs Commissioners may take necessary action." 6. The grievances of the petitioners in all three petitions arise with this clarification. Before adverting to such grievances, we may take note of one more clarificatory notification issued 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 made before 25.04.2018. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... free import of yellow peas was detrimental to the interest of the local farmers, the producers of such product, mainly in Maharashtra and Karnataka and neighbouring states. Despite imposition of higher import duty, the imported goods turn out to be cheaper than the local producers of the goods, and therefore, to protect the interest of the farmer sector, such restrictions have been imposed; with the philosophy of which we can find no fault. To ease the importers' difficulties, the Government of India also came up with further clarification dated 05.07.2018 providing that it was decided to allow imports of peas against an advance payment in such a manner that quantity proportional to the part advance payment made before 25.04.2018 would be permitted to be imported. Thus, in case a importer had made part payment by way of advance for any import of the peas, to the extent the payment would cover the import quantity, import would be permitted. 11. In the present case, however in almost all cases under interim orders of the Court, imports have been allowed and cleared except in the first petition where out of total quantity of 25,000 MT of peas for which the order was placed, all bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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