W.P.(C)/3023/2025 of MS LAXMI JEWELLERY EXPORTS PVT LTD Vs DIRECTOR GENERAL OF FOREIGN TRADE & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3023/2025 and CM APPL.14303/2025

MS LAXMI JEWELLERY EXPORTS PVT LTD .....Petitioner Through: Mr. Rajat Mittal, Mr. Dharan Gandhi, Mr. Suprateek Neogi and Mr. Priyanshu, Advocates. Through: Mr. Rajat Mittal, Mr. Dharan Gandhi, Mr. Suprateek Neogi and Mr. Priyanshu, Advocates.

versus

DIRECTOR GENERAL OF FOREIGN TRADE & ORS.

.....Respondents

Through: Mr. Rajesh Gogna, CGSC along with Ms. Priya Singh (GP) and Mr. Md. Bilal and Mr. Nishant, Advocates. Mr. Aditya Singla, SSC, CBIC along with Mr. Ritwik Saha, Advocates for R-2. Ms. Priya Singh (GP) and Mr. Md. Bilal and Mr. Nishant, Advocates. Mr. Aditya Singla, SSC, CBIC along with Mr. Ritwik Saha, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

11.03.2025

CM APPLs.14304/2025 (Exemption from filing certified copies etc.) and14305/2025 (Exemption from filing lengthy synopsis and list of dates)

1.Allowed, subject to all just exceptions.

2.The applications stand disposed of.

W.P.(C) 3023/20253.The present petition seeks that the respondents be directed to amend the CIF Value of the Tariff Rate Quota (TRQ) Authorization License dated 18.05.2024 of the petitioner.

4.It is submitted that the petitioner sought to import consignment of gold weighing about 10 kg (market value of about Rs.8 crore) via Bill of Entry (BoE) dated 21.02.2025 which was refused to be cleared by the

Customs Department on account of the CIF value of the license being less. It is submitted that the deficient CIF value was on account of increase in gold prices.

5.It is submitted that the petitioner applied for amendment of license dated 18.05.2025 vide amendment application dated 24.05.2025 which has not been processed or allowed till date.

6.It is submitted that because of the inaction of the respondents to amend the license of the petitioner, consignment of the petitioner is lying with the Customs, awaiting clearance since February, 2025.

7.Attention is drawn to an order dated 19.12.2024 passed by this Court in W.P.(C) 17514/2024, wherein, this Court, inter alia, directed as under :-

“3. In addition to the grounds similar to the aforesaid petitions, the Petitioner has prayed for mandamus directing Respondent No. 1/Director General of Foreign Trade to approve their request for amendment of TRQ license. The Petitioner contends that their application for amendment of license, which is annexed as Annexure P-6, has been pending since 23[rd] October, 2024. The Petitioner has also submitted reminder to the DGFT on 19th November, 2024, however, their request has not been decided by the Respondents.”

8.Considering that the validity of the license of the petitioner is expiring on 31.03.2025, the respondents are directed to decide the application of the petitioner for amendment of the CIF Value of TRQ Authorization License within period of one week from today, under written intimation to the petitioner.

9.The present petition is disposed of in the above terms. Pending application also stands disposed of.

SACHIN DATTA, J

MARCH 11, 2025/r