TMI Blog2018 (11) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... nce 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 - In case of the present petitioners even registration was not granted. The petitioner's first contention therefore must be rejected. The petitioner's second grievance is that the restrictions were withdrawn by notification dated 29.08.2018. Though the same may have been reimposed on 30.08.2018, at least for one day, no restrictions were prevailed. The case of the petitioner should have been cleared on such date - Held that:- The notification was withdrawn only in view of the interim order passed by the Madras High Court and presumably to cure a technical defect. Very next day, the same set of restrictions were reimposed. The petitioner cannot argue that in this window of one day, the petitioner's imports should have been cleared. The petitioner had not made the imports during the period when even if we accept the petitioner's contention to be true, such restrictions did not apply - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also explained in the said condition, which would include the shipments which had already arrived between the said period as well as those shipments which were backed by Irrevocable Commercial Letter of Credit (ICLC) for Advance Payment made through Banking Channel. 5. On 18.05.2018, the Government of India issued a trade notice making certain clarifications with respect to the term 'Advance Payment' in the context of the term 'Already Imported'. Such clarification reads as under: Clarifications were sought by some RAs whether 'advance payment' in the above paragraph will include part advance or only full advance payment. It has been decided that apart from ICLC, only those shipments which are backed by 100% advance payments before 25 April, 2018, will qualify to be registered by the Regional Authorities of DGFT. 6. Further, through a trade notice dated 05.07.2018, following further clarification was made: Eligible applicants may accordingly approach their concerned jurisdictional Regional Authorities for registering their contracts under Para 1.05 of FTP 20152020. RAs shall issue Registration Certificate for quantity proportionate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (Import Policy) as under: Exim Code Item Description Existing Policy Existing policy condition Revised Import Policy Revised Policy condition 7131000 Peas (Pisum sativum) Free - Restricted Restricted for the period from 01st April to 30th June, 2018 and subject to Policy Condition 4 of this Chapter 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 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies 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. 3. Eligible applicants may accordingly approach their concerned jurisdictional Regional Authorities for registering their contracts under Para 1.05 of FTP 20152020. RAs shall issue Registration Certificate for quantity proportionate to the amount paid in advance by the importer before 25.04.2018. In this regard, RAs shall verify the date with regard to payment made through Bank (SWIFT) alongwith the quantity and value as mentioned in the contract. 7. The sequence of events would thus show that by virtue of notification dated 25.04.2018, peas were no longer free to import. The item was placed under restriction. Restriction being, that for a period between 01.04.2018 to 30.06.2018, the total quantity of one lakh MT of yellow peas, which would include the quantity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orted. 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 but 177 MT of peas arrived and got cleared, which would neither be possible nor feasible. Under the interim orders, the petitioners thus got final relief, which obviously cannot be taken back now. However, for the remaining small quantity, we do not accept the petitioner s plea. Though the interim orders were passed as far as back on 30.05.2018, till date the goods have not arrived. There is nothing on record to suggest that between the date of registration of the import and before the registration was cancelled, the goods were already put in transit. 12. Under the circumstances, all the petitions are disposed of without any further order except for recording that the imports already completed would not be disturbed by the disposal of these petitions. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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