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2019 (6) TMI 648

..... It is stated that the payment was made on 15.11.2017 itself. As per the restrictions imposed by the notification, the petitioner has reduced the quantity to 7,000 Metric tonnes which is below the specified quantity. It is stated that the dun peas are not cultivated in India. The bills of lading is prior to the date of 01.04.2018 to 30.06.2018 which was extended till 31.12.2018 vide notification No.37/2015-2020 dated 28.09.2019, thereby continuing the restriction between 01.10.2018 and 31.12.2018. The bill of lading is on 06.10.2018 which is within the extended period. The consumer goods are perishable and if the shipment is not released, the food materials will go as a waste. This Court deems it fit to pass an order to release the shipment .....

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..... the Directorate of Foreign Trade amended the import policy vide notification No.4/2015-2020 dated 25.04.2018 restricting the quantity of peas that could be imported into India which was hither to free from any restriction. The restriction was placed for the period between 01.04.2018 to 30.06.2018 restricting the total quantity of yellow peas to be imported to 1 lakh Metric Tones minus the quantity already imported form 01.04.2018 till the date of notification. The Directorate issued a clarification note on 16.05.2018 clarifying that the said restriction would apply to all variety of peas. A clarification notice was issued by the DGFT on the basis of representation from various importers, relaxing the condition with regard to the shipments .....

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..... event this Order would not be applicable. This order will be applicable, in the case of imports of peas, only in respect of those consignments covered under Bills of Lading during the period 01.10.2018 to 31.12.2018. As far as import of consignments of dhalls are concerned, since the notification did not stipulate any time period, this restriction will not apply to the Writ Petitions filed in cases of imports of dhalls. (ii) Some petitioners before me have challenged Notification bearing No.37/2015~2020 dated 28.09.2018 applicable for the period 01.10.2018 to 31.12.2018 by way of Writ Petitions in W.P.Nos.26433, 26440, 26495, 27056, 26464, 26471, 26475, 26479, 27319, 27327, 27336, 27370 of 2018. A learned Single Judge of this Cour .....

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..... Court and Madhya Pradesh High Court and has also taken note of the fact that as against the upholding of the notification by the Gujarat High Court, an SLP was filed before the Hon'ble Supreme Court which was also dismissed on 28.01.2019 in SLP.No.1922 of 2019. Only after considering all those facts, the order dated 27.02.2019, came to be passed by the learned Single Judge of this Court. 13.Accordingly, the respondents are directed to release the cargo of yellow peas / green peas to the petitioner imported by the petitioners under 2 bill of entries 1)2019529 dated 11.02.2019/ 2)2019530 dated 11.02.2019, on condition that the petitioner complies with the following directions: 9.The learned counsel appearing for the petitioner also relied .....

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..... Irrevocable Commercial Letter of Credit and if they are already imported between the said notified date, they will be registered as per para 1.05 of FTP 2015-2020. With respect to advance payments made to the extent of hundred percent, they will also be qualified to register with the regional authorities of the DGFT. Thus, the transitional arrangement is already clarified by the trade notices, which are not in contravention to the substantive provisions of the notifications or Section 3 of the FTDR Act. 12. In the light of the above discussions, this Court is of the opinion that the restrictions imposed by the Government of India are justified, which are brought out by the Government of India through the DGFT for the benefit of the farmers .....

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..... bill of lading is on 06.10.2018 which is within the extended period. The consumer goods are perishable and if the shipment is not released, the food materials will go as a waste. 14.In the above circumstances, this Court deems it fit to pass an order to release the shipment on the following conditions. (i)The petitioner will remit the entire duty component of the consignments imported by them in cases were such duty is leviable as per the paragraph no.15(iii) (The liability to duty of the goods in question is as follows: Yellow Peas, Green Peas, Dun Peas, Kaspa Peas: 50% Pigeon Peas/Toor Dal : 10% Urad dal and Moond Dal: Nil) above along with a bank guarantee for the 10% of the invoice value. In cases where the duty impact is neutral, the .....

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