ProIndiaClub

The Supreme Court of India, in Viraj Impex Pvt. Ltd. v. Union of India [S.L.P.(C) Nos. 1979, 2297, 2778, 1977 of 2019, decided on 21.01.2026], has held that a notification issued under the Foreign Trade (Development and Regulation) Act, 1992 becomes legally enforceable only from the date of its publication in the Official Gazette.

The Court set aside the High Court’s judgment which had treated the date of uploading the notification on the DGFT website as binding on importers. It clarified that the expression “date of notification” necessarily refers to the date of publication in the Official Gazette.

Facts of the Case

The appellants, private limited companies engaged in the import and trading of mild steel products such as Hot Rolled Coils, Cold Rolled Coils, and Pre-Painted Steel Coils, were importing goods classified as “freely importable” under Chapter 72 of the ITC (HS) Schedule-I of the Foreign Trade Policy (FTP) 2015–2020.

Between 29 January and 4 February 2016, the appellants entered into firm sale contracts and, on 5 February 2016, opened irrevocable Letters of Credit (LOCs) to facilitate imports.

The dispute arose pursuant to Notification No. 38/2015-20, which imposed a Minimum Import Price (MIP) on 173 steel products. While the Directorate General of Foreign Trade (DGFT) uploaded the notification on its website on 5 February 2016, it was published in the Official Gazette only on 11 February 2016.

The DGFT contended that the MIP restriction applied to all imports where the LOC had not been opened prior to 5 February 2016 (the date of website upload). The importers, however, argued that since their LOCs were opened on 5 February 2016—six days prior to gazette publication—they were entitled to transitional protection under Para 1.05(b) of the FTP, which exempts shipments made under irrevocable LOCs established before the date of a new restriction.

High Court’s View

The Delhi High Court dismissed the writ petitions, holding that although the notification would legally operate from 11 February 2016, the website upload on 5 February 2016 constituted sufficient notice to bind importers. It further held that the notification was not an instance of delegated legislation.

Supreme Court’s Ruling

The Supreme Court reversed the High Court’s decision, identifying significant legal and procedural infirmities in its reasoning. The Court emphasized that Section 3 of the Act expressly mandates that orders regulating imports or exports must be “published in the Official Gazette.” This statutory requirement cannot be substituted by executive action such as uploading the notification on a website.

Conclusion

A notification issued under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 acquires the force of law only upon its publication in the Official Gazette. Any restriction imposed thereunder cannot operate from the date of website upload. The “date of notification” unequivocally means the date of gazette publication.