Prospective operation of import restrictions prevented retrospective application to substantially executed Yellow Peas shipments.

A fresh import restriction on Yellow Peas was held not to apply to shipments under contracts that had been substantially performed before 30.08.2018, because the earlier restriction had been withdrawn on 29.08.2018 and the new notification did not state that it operated retrospectively. The policy position also indicated that changes would apply prospectively unless otherwise specified. As the contracts had already crystallized through payment, loading, and arrival of the shipments before the new restriction took effect, the imports were treated as outside its reach and could be lifted and used without being subjected to the later notification.

---

---

Issues: Whether the import restriction on Yellow Peas imposed by the notification dated 30.08.2018 could be applied to shipments covered by contracts that had been substantially executed before that date, and whether the earlier withdrawal of restriction on 29.08.2018 left a gap during which no restriction operated.

Analysis: The restriction introduced on 02.07.2018 was withdrawn by the notification dated 29.08.2018, and the subsequent notification dated 30.08.2018 imposed a fresh restriction without expressing any retrospective operation. The policy position referred to by the authorities itself stated that policy changes would operate prospectively unless otherwise provided. The materials on record also showed that the contracts had been substantially performed before 30.08.2018, including payment, loading, and arrival of the shipments, so the import activity in question had already crystallized before the fresh restriction came into force.

Conclusion: The fresh restriction could not be applied retrospectively to the petitioner's shipments, and the respondents were directed to permit lifting and use of the imported Yellow Peas without subjecting them to Notification No. 32/2015-20 dated 30.08.2018.

---