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2018 (9) TMI 1606 - HC - CustomsEffect of notification - Restriction imposed on import of yellow peas - vide Notification No. 32 dated 30th August, 2018 - Held that:- Respondents are clear that policy change on a particular item applies prospectively from the date of Notification unless it is otherwise provided for. Here, while imposing restriction on 30th August, 2018, no words providing otherwise are employed. There is nothing on record, therefore, to show that the Notification No. 32/2015-20, dated 30th August, 2018 has to operate retrospectively. The documents filed by petitioner along with petition show that against two contracts, the balance 90 per cent amount was paid respectively on 23.05.2018 and 04.06.2018. Yellow Peas forming subject matter of those two contracts were to be loaded at Ukraine and unloaded at Nhava Sheva Port. The shipments were accordingly loaded on 28.04.2018 and 10.05.2018 and have reached the port of discharge on 23.05.2018 and 31.05.2018. These details, therefore, show that before 30th August, 2018, the contract was fully executed - respondents is directed to take necessary steps to permit petitioner to lift and use imported Yellow Peas in these two shipments without subjecting them to the restriction imposed vide Notification No. 32 dated 30th August, 2018. Petition allowed.
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