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2019 (6) TMI 648

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..... xtended 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 on the condition that the petitioner will remit the entire duty component of the consignments imported by them in cases were such duty is leviable - petition allowed. - Writ Petition (MD).No.12477 of 2019 And W.M.P.(MD)No.9304 of 2019 - Dated:- 29-5-2019 - Mrs. Justice R. Tharani For the Petitioner : Mr.Ajmal Khan, Senior Counsel For Mr.M.Mahaboob Athiff .....

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..... 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 covered by 100% advance payment before 25.04.2018. Then, the original notification was extended from 01.10.2018 till 31.12.2018 4.The notification was challenged by various importers and interims orders were granted. On 27.02.2019, this Court in W.P.4403 of 2019 and other batch cases has passed an order permitting the release of the shipment prov .....

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..... on 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 Court has stayed the operation of the Notification in question and such order of stay was valid and in subsistence at the time when the imports, have been made. (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 Moong Dal : Nil 7.The learned c .....

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..... sed 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 upon the Judgment passed by this Court in the case of the M/s.H.S.Trading Company v. The Commissioner of Customs in W.P.No.9873 of 2019, which reads as follows: 23. The grant of stay of operation of the relevant Notifications and the pendency of the said stay as on the date of import is admitted. Thus, and in conclusion, on the basis of the admi .....

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..... gement 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, who are cultivators of indigenous peas, as the import of Peas flooding the market reduce the demand for locally grown peas. Hence, the peas growers in India are unable get the right price resulting in loss to small farmers. In such a view of the matter, the restriction imposed can never be said to be in violation of Article 19(6) of the Constit .....

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..... y 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 petitioner shall furnish a bank guarantee for the 10% of the invoice value. Upon satisfaction of the aforesaid conditions, the consignments shall be released forthwith. (ii)The authorities are at liberty to initiate proceedings in respect of the transactions in question and if done, the petitioner shall appear, be heard and file their submissions .....

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