Sanjiv Khanna, J. - (1.) The afore-captioned writ petitions raise similar issues and, therefore, are being disposed of by this common order and judgment. The petitioners herein Vinayaga Marine Petro Limited, Viraj Impex Private Limited, K. Amish Kumar Trading Private Limited and RKB Global Private Limited are private limited companies incorporated under the Companies Act, 1956 engaged in import and trading of various items including mild steel varieties like Hot Rolled Coils, Cold Rolled Coils, Hot Rolled Steel Plates, Pre Painted Steel Coils etc.
(2.) "Mild Steel Items" fall under Chapter-72 of the Indian Trade Clarification (Harmonized System) ('ITC-HS', for short)-2012, Schedule-I of the Foreign Trade Policy, 2015-20. These items were freely importable.
(3.) On 5th February, 2016, Notification No.38/2015-2020 ('Notification No. 38/2105-2020', for short) was issued by the Ministry of Commerce and Industry, Government of India, Directorate General of Foreign Trade by way of trade notice fixing Minimum Import Price ('MIP', for short) as per the annexure by amending Import Policy Conditions against Codes under Chapter-72 of the ITC (HS)-2012, Schedule-I. Notification No. 38/2015- 2020 (dated 5th February, 2016) was subsequently published vide SO No. 391(E) in the Gazette of India on 11th February, 2016. Notification as published in the Official Gazette reads:- JUDGEMENT_355_LAWS(DLH)12_2018_1.html S.O. 391(E).-: In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992 read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby amends the Import Policy Conditions against 173 HS Codes under Chapter 72 of ITC (HS), 2012 - Schedule -1 (Import Policy) as per the Annex subject to the following conditions: a) Imports under Advance Authorisation Scheme are exempted from Minimum Import Price (MIP) under this Notification; b) MIP is also exempted for all API grade steel conforming to X-52 and higher API grades for manufacturing pipes used for pipeline transportation systems in the petroleum and natural gas industries; and c) MIP conditions laid down in this Notification are valid for six months from the date of the notification or until further orders, whichever is earlier; 2. Further, imports/shipments under Letter of Credit already entered into before the date of this notification shall be exempted from the Minimum Import Price condition subject to Para 1.05 (b) of Foreign Trade Policy, 2015-20. 3. Effect of this Notification : Minimum Import Price (MIP) is introduced against 173 HS Codes under Chapter 72 of ITC (HS), 2012 - Schedule- 1 (Import Policy) as detailed in the Annex. [F. No. 01/89/180/Moni-5852/AM-03/Vol.-VI/PC-2 (A)] Anup Wadhawan, Director General of Foreign Trade";