TANVI IMPEX Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Affidavit-of-service filed by the petitioner be kept on record. The present writ petition has been preferred primarily challenging a trade notice dated 18th May, 2018 issued by the respondent no.3.

(2.) Mr. Saha, learned senior counsel appearing for the petitioner submits that the petitioner entered into an agreement on 13th March, 2018 with one U.E.L International FZE for the import of yellow peas to India and made an advance payment of USD 25000. Subsequent thereto, Government of India, through the respondent no.2 issued a notification dated 25th April, 2018 by virtue of the powers conferred under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 (in short, the said Act of 1992).

(3.) He submits that the contents of the notification dated 25th April, 2018 would reveal that shipments backed by Irrevocable Commercial Letter of Credit (in short, ICLC) and/or Advance Payment made through banking channels prior to 25th April, 2018 would constitute "Already Imported" goods within the meaning of the said notification. As the petitioner has already made 1% advance payment before 25th April, 2018, it became entitled to such exemption and applied for registration of the contract. Subsequent thereto, a trade notice dated 9th May, 2018 was issued inviting the importers, who had made advance payments (full or in part) prior to the notification dated 25th April, 2018, to provide details of the transaction to enable the directorate to lay down further procedure latest by 18th May, 2018. Surprisingly thereafter, the contents of the notification dated 25th April, 2018 were amended by of a trade notice dated 18th May, 2018.