Delhi High Court Directs Customs To Ensure Strict Implementation Of Minimum Import Price On Soda Ash
The Delhi High Court has directed the Customs authorities to ensure strict implementation of the Minimum Import Price (MIP) imposed by DGFT on Soda Ash, warning of stringent action in case of any violations.A division bench of Justices Prathiba M. Singh and Shail Jain gave “clear directions to all the Customs Authorities…to ensure that the Notification No. 46 of 2024-25 along...
The Delhi High Court has directed the Customs authorities to ensure strict implementation of the Minimum Import Price (MIP) imposed by DGFT on Soda Ash, warning of stringent action in case of any violations.
A division bench of Justices Prathiba M. Singh and Shail Jain gave “clear directions to all the Customs Authorities…to ensure that the Notification No. 46 of 2024-25 along with Notification No.23 of 2025-26 shall be implemented strictly in letter and spirit. If any Commissionerate of Customs, are found permitting imports in violation thereof, would be liable for stringent action in accordance with law.”
The notifications referred to above were issued by the Directorate General of Foreign Trade imposing a minimum import price of Rs.20,108/- per metric ton in respect of Soda Ash, till 31st December, 2025.
The Alkali Manufacturers Association of India however alleged that the Customs Department is permitting imports at a price below the MIP, leading to adverse impact on other domestic industries.
Refuting the claims, the Customs filed an affidavit undertaking that the notifications are being strictly implemented in respect of all imports which have bills of entry/ bills of lading.
“The exceptions which are being relied upon by the Petitioner are in case of those imports where the bills of entry/bills of lading were prior and the import took place after the issuance of Notification,” the Department told the Court.
Reliance was placed on 'Legal Framework and Trade Facilitation' as per which conditions for import and exports are based on the date of import and export, which is governed by the date of bill of lading and the shipping bill.
As such, the Court was of the view that there appeared to be no intention to permit violation of the notifications and it disposed of the plea.
Appearance: Ms. Niyati Kohli, Mr. Rishabh Parikh and Mr. Pratham Vir Agarwal, Advocates for Petitioner; Ms. Shiva Lakshmi, Mr. Vivek Nagar, Mr. Madhav Bajaj, Ms. Esha Kumar, Advs. for UOI/DGFT. Mr. Harpreet Singh, SSC with Ms. Suhani Mathur, Ms. Sanidhya Sharma, Advs. for Customs, Delhi alongwith Mr. Daljit Singh, A.C. and Mr. Anand Tripathi, SIO. Ms. AnushreeNarain, SSC with Mr. Naman Choula, Adv. for R-5 alongwith Mr. M.R. Bhatt, Asstt. Commissioner, Customs, Kandala (through VC).
Case title: Alkali Manufacturers Association of India v. UOI
Citation: 2025 LiveLaw (Del) 1364
Case no.: W.P.(C) 11521/2025