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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, MOHAMMED SHAFFIQ, JJ.
M/s.G.G.Steels – Petitioner
Versus
Union Of India, Represented By Its Secretary, Ministry Of Finance – Respondent
W.P.Nos. 6840, 2472, 6300, 6427 of 2022, W.P.Nos.24859, 24864 of 2021,W.P.Nos.5561, 22392, 25353, 25358, 25356, 26557, 26561, 26568, 26571,,26574, 34389 and 34391 of 2023, W.P.(MD) Nos.21206 and 21211 of 2021,W.P.(MD) Nos.5566, 24076, 5564, 2497, 5565 of 2022, W.M.P.Nos.26159, 26160, 26165, 26166 of 2021, W.M.P.Nos.2634, 2635, 6518, 6905, 6394, 6398, 6517, 6906 of 2022, W.M.P.Nos.5577, 24759, 24761, 25968, 25987, 25988, 34293, 34295, 25965,,25969, 25983, 25984, 25979, 34320, 34321, 24767, 24758, 5580, 21787, 24763, 25962, 25981, 24768 of 2023,,W.M.P.(MD) Nos.17790, 17793, 17795, 17787 of 2021,W.M.P.(MD) Nos.2198, 2199, 18182, 4501, 4502 and 4503 of 2022,W.P.No.6840 of 2022
Decided On : 08-0-2026
| Table of Content |
|---|
| 1. facts and parties involved in the writ petitions. (Para 1) |
| 2. court analysis on the validity of the notifications. (Para 4 , 4 , 8) |
| 3. arguments against the legality of notifications issued under the ftdr act. (Para 6 , 6 , 7) |
| 4. judicial interpretation of legislative intent regarding compliance with the ftdr act. (Para 11 , 12) |
| 5. final orders and conclusion regarding notification validity. (Para 15 , 16) |
ORDER :
This batch of Writ Petitions are filed challenging the following notifications, notices and orders issued pursuant thereto.
| S. No | WP No. | Prayer | Challenged Notification | Product Description |
|---|---|---|---|---|
| 1 | WP No. 6840 of 2022 | Writ of Certiorari to quash Notification imposing Minimum Import Price (MIP) under FTDR Act as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 38/2015-2020 dated 05.02.2016 read with Trade Notice No.17/2016 dated 10.02.2016 | 173 HS Codes under Chapter 72 – Iron & Steel Products |
| 2 | WP No. 25353 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 57/2015-2020 dated 14.02.2023 | Areca Nut/Betel Nut |
| 3 | WP No. 25356 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 109/(RE-2013)/2009-2014 dated 06.02.2015 | Cardamoms Chapter 09 ITC (HS) 2012 Schedule - 1 |
| 4 | WP No. 25358 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 | Black Pepper |
| 5 | WP No. 22392 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Customs Act | Notification No. 05/2023 dated 08.05.2023 | Apples |
| 6 | WP No. 26568 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 42/2015-2020 dated 06.12.2017 | Black Pepper |
| 7 | WP No. 26571 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 57/2015-2020 dated 14.02.2023 | Areca Nut |
| 8 | WP No. 26574 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Sec.14(2) of Customs act | Notification No. 109/(RE-2013)/2009-2014 dated 06.02.2015 | Cardomoms |
| 9 | WP No. 2472 of 2022 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos.42/2015-2020 dated 06.12.2017, 50/2015-2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018, and 21/2015-2020 dated 25.07.2018 | Black Pepper Garbled/ Ungarbled |
| 10 | WP No. 5561 of 2023 | Writ of Certiorari to quash multiple DGFT notifications | Notification Nos. 42/2015-2020 dated 06.12.2017, 50/2015-2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018 and 21/2015-2020 dated 25.07.2018 | Black Pepper |
| 11 | WP No. 24859 of 2021 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos. 42/ 2015-2020 dated 06.12.2017, 50/2015- 2020 dated 05.02.2018, 53/2015- 2020 dated 21.03.2018 and 21/2015- 2020 dated 25.07.2018 | Black Pepper Garbled/Ungarb led |
| 12 | WP No. 24864 of 2021 | Writ of Certiorari to quash multiple DGFT notifications | Notifications Nos.42/2015-2020 dated 06.12.2017, 50/2015- 2020 dated 05.02.2018, 53/2015-2020 dated 21.03.2018 and 21/2015- 2020 dated 25.07.2018 | Black Pepper Garbled/Ungarb led |
| 13 | WP No. 34389 of 2023 | Writ of Certiorari to quash notification as being violative of the Foreign Trade (Development and Regulations) Act 1992 and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 as amended by 21/2015-2020 dated 25.07.2018 | Chapter 09 of ITC (HS) 2017 Schedule-I (Import policy) (MIP Rs.500/kg) |
| 14 | WP No. 34391 of 2023 | Writ of Certiorari to quash notification as being violative of the Foreign Trade (Development and Regulations) Act 1992 and contrary to Section 14(2) of Customs Act | Notification No. 42/2015-2020 dated 06.12.2017 as amended by 21/2015-2020 dated 25.07.2018 | Chapter 09 of ITC (HS) 2017 Schedule-I (Import policy) (MIP Rs.500/kg) |
| 15 | WP No. 26557 of 2023 | Writ of Certiorari to quash notification as arbitrary and contrary to Section 14(2) of Cus | ||
The court affirmed that MIPs can be validly issued under the FTDR Act, with the requirement of laying the notifications before Parliament being directory, not mandatory.
A perusal of the impugned notification reveals that by virtue of such notification the Central Government, in exercise of powers conferred by section 3 of the Act read with paragraphs 1.02 and 2.01 o....
(1) Delegated Legislation acquires force of law only upon its publication in Official Gazette.(2) Delegated Legislation – Once legislature has prescribed specified mode of promulgation, executive can....
The main legal point established in the judgment is that a Trade Notice cannot be issued to amend a Notification under the FTDR Act, and any amendment must be made in accordance with the statutory pr....
The main legal point established is that a Trade Notice cannot amend a notification issued under Section 3 of the FTDR Act without following the statutory procedure.
The court declared Section 25(4) of the Customs Act unconstitutional, asserting that notification increases in duty require proper publication to inform the public adequately.
The main legal point established in the judgment is that the exercise of discretion by the Customs Commissioner and the Appellate Tribunal must conform to the provisions of the Customs Act, 1962, and....
The effective date of a notification under Section 25(4) of the Customs Act is the date of its publication in the Official Gazette in e-mode.
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