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Bombay High Court

Ravi DoshiversusUnion of India

Decided
Disposal
DISPOSED OFF

Holding

The petitioner is entitled to obtain the ARN under the exemption notification, and the Ministry’s refusal is unlawful.

Summary

The petitioner, White Line International, an importer of steel tubes, sought a writ of certiorari and mandamus to compel the Ministry of Steel and the Union of India to allow generation of an Automatic Registration Number (ARN) on the Steel Import Monitoring System (SIMS) portal and to waive demurrage charges. The dispute arose because the Ministry, despite issuing notifications on 19 February 2026 and 8 April 2026 that exempted certain steel imports from the Quality Control Order (QCO) and set a 75‑day validity for ARN, denied the petitioner’s ARN application filed on 3 July 2026. The petitioner argued that the exemption notification created a vested right and that the ARN could be obtained within the time‑frame prescribed by the 19 February notification. The respondents contended that the exemption applied only to QCO compliance and that ARN had to be generated before 30 June 2026, which the petitioner missed. The Court, relying on Supreme Court precedents (Southern Petrochemical Industries and Bombay Chemical) and interpreting exemption notifications broadly, held that the petitioner was entitled to the ARN as the goods satisfied the exemption criteria and the timing complied with the February notification. Consequently, the impugned order dated 10 August 2026 was quashed and the petition was allowed in part.

Issues considered

  • Whether the exemption notification dated 8 April 2026 creates a vested right for the petitioner to obtain an ARN on the SIMS portal.
  • Whether the requirement to generate the ARN must be fulfilled before 30 June 2026 for the exemption to apply.
  • Whether the Ministry of Steel’s refusal to grant the ARN violates the provisions of the notifications and the Bureau of Indian Standards Act, 2016.

Legislation cited

Subjects

  • ARN
  • SIMS
  • Steel import
  • Quality Control Order
  • Exemption notification
  • Article 226
  • Writ of certiorari
  • Writ of mandamus
  • Demurrage
  • Bureau of Indian Standards Act
  • Customs Act

Judgment

                                                                              wp 4476-26-J.doc
ARJUN
MACHHINDRA
KADAM                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
ARJUN MACHHINDRA
KADAM                                  WRIT PETITION NO. 4476 OF 2026
Date: 2026.10.10
17:24:35 +0530

                         White Line International
                         a proprietorship concern of Ravi Doshi
                         having its address at 25/3,
                         Lakalala Building, Office No.67,
                         1st Floor, Kumbharwada,
                         Mumbai-400 004.                                   … Petitioner

                                  Versus

                      1. Union of India

                      2. Ministry of Steel
                         3rd Floor, GPOA-3 Netaji Nagar,
                         New Delhi-110023

                      3. Jawaharlal Nehru Port Trust
                         Nhava Seva, Uran, Navi Mumbai
                         Navi Mumbai-400 707

                      4. Maersk Logistic & Services India Pvt. Ltd.
                         having its registered Office at Block Nos.5-18,
                         Sector-6, Dongiri Warehousing complex,
                         Navi Mumbai-400 707.

                      5. Namsung Shipping Company Limited
                         C/o. Oasis Shipping Private Limited
                         102, Technopolis Knowledge Park,
                         Mahakali Caves Road, Chakala, Andheri (W),
                         Mumbai-400 093.

                      6. Hind Terminal Private Limited
                         Survey No.170/1, Taluka Uran,
                         Chirner, Raigad, Maharashtra-410 206.


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7. Deputy Commissioner of Customs Department
   Old Custom House, Fort, Mumbai-400 001.

8. Assistant Commissioner of Customs
   Jawaharlal Nehru Custom House,
   Nhava Sheva, Taluka-Uran, District-Raigad,
   Maharashtra-400 707.                                ... Respondents

                    __________________________

Mr. Karl K. Shroff a/w. Ms. Shriya Mehta i/b Akshay Pawar for the
Petitioner.
Mr. Ram Ochani a/w. Ms. Sangeeta Yadav for Respondent No.1, 2 &
8.
Mr. Subhash A. Bhalwal a/w. Mr. Pritesh Haridas Bodekar i/b Vyas &
Bhalwal for Respondent No.3.
Mr. Kayush Zaiwalla a/w. Mrs. Apurva Pohonerkar Mehta and Mr.
Anuj Hande i/b ANB Legal for Respondent No.4.
Mr. Ram Jay Narayan for Respondent No.5.
                   __________________________

                              CORAM        : M. S. KARNIK AND
                                             SANDESH D. PATIL, JJ.
                              DATED        : 9th OCTOBER, 2026.

JUDGMENT (PER M. S. KARNIK, J.)

1.          This petition filed under Article 226 of the Constitution of

India seeks the following substantive reliefs:-

            “(a) This Hon'ble court be pleased to issue Writ of
            Certiorari or a Writ in the nature of Certiorari or any
            other appropriate Writ Order or Directions calling for the
            records papers and proceedings related to the Petitioner
            case and after going into the legality and proprietary
            thereof to set aside or quash Order dated 10th August,

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           2026 annexed as “Exhibit-Q” hereinabove passed by the
           Respondent No. 1 and 2.
           (b) This Hon'ble court be pleased to issue Writ of
           Mandamus or a Writ in the nature of Mandamus or any
           other appropriate Writ Order or Directions directing
           Respondent No. 1 and 2 to enable the Petitioner to
           generate the Automatic Registration Number (“ARN”) on
           the SIMS Portal, thereby facilitating the clearance of the
           said consignments from the Port or alternatively to permit
           the Petitioner to import/clear the consignments without
           the Respondents insisting or any Quality Certificate under
           the QCO.
           (c) This Hon'ble court be pleased to direct and order that
           Respondent Nos.3 to 6 waive the demurrage and
           clearance charges claimed from the Petitioner or
           alternatively direct Respondent Nos. 1 and 2 to bear the
           demurrage/clearance charges.”

2.         The facts of the case in brief are that the petitioner is an

importer of steel tubes and pipes under ITC HS Code 7304. Due to

restrictions under the Bureau of Indian Standards Act, 2016, (for

short ‘BIS Act’), respondent No.2-Ministry of Steel issued directions

requiring a test certificate (QCO) under the Steel and Steel Products

(Quality Control) Order 2020.

3.         In brief, the challenge of the petitioner is to the impugned

order dated 10th August, 2026, whereby respondent No.2 declined to

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make available to the petitioner the benefit of Notifications dated

19th February, 2026 and 8th April, 2026.

4.         Respondent No.2 vide Notification dated 19 th February,

2026, prescribed a requirement for importers of steel products to

obtain an Advance Registration Number (“ARN”) on the Steel Import

Monitoring System (“SIMS”) not earlier than the 60 th and not later

than 3rd day before the expected arrival of the consignment.

Condition No.4 of this Notification for obtaining ARN specifically

provides the ARN generated will remain valid for 75 days.       Vide

Notification dated 8th April, 2026, respondent No.2 exempted the

mandatory compliance with the QCO for steel imports covered by

Bills of Lading having a “Shipped on Board” dated on or before 30 th

June, 2026. The petitioner had imported consignments from:-

           (a)   Thailand vide Bills of Lading dated 27 th June, 2026

           at Exhibit-J, Page 118 and Sr. No.1 and 2, Page 1 and 2

           respectively of Convivence Compilation. All these bills of

           landing provided for shipped on board dated 27 th June,

           2026 i.e. prior to 30th June, 2026 in compliance with

           notification of 8th April, 2026.

           (b)   Ukraine vide Bill of Lading dated 26th May, 2026

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             with shipped on board dated 26th May, 2026 i.e. prior to

             30th June, 2026 in compliance with notification of 8 th

             April, 2026.

5.           The tracking report for containers from Thailand showed

the expected date of arrival 12th July, 2026. The tracking report for

Ukraine consignment showed the expected date of arrival 27 th July,

2026.     In accordance with the above notifications, the petitioner

applied for generation of ARN on 3rd July, 2026. The ARN could not

be generated, though the application was within time under the

above notifications. The petitioner therefore lodged complaint on

Central    Public   Grievance   Redress   and   Monitoring   Systems

(CPGRAMS) on 9th July, 2026 which was unsuccessful.               The

petitioner then filed an Appeal on CPGRAMS on 31 st July, 2026

which culminated in the impugned order dated 10th August, 2026.

6.           The submission of the learned counsel for the petitioner

is that the refusal to permit the generation of ARN is contrary to the

Ministry’s own notifications which are not withdrawn till date. It is

submitted that till the notification is withdrawn, the same would

continue to operate. Learned counsel relied on a decision of the

Hon’ble Supreme Court in Southern Petrochemical Industries Co.

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Ltd. Vs. Electricity Inspector & ETIO & Ors., (2007) 5 SCC 447.

7.          Learned counsel also relied upon the decision of Hon’ble

Supreme Court in Bombay Chemical (P) Ltd. Vs. CCE (1995 Supp (2)

SCC 646 in support of the proposition that one of the settled

principles of construction of an exemption notification is that it

strictly, but once goods is found to satisfy the test by which it falls in

the exemption notification then it cannot be excluded from it by

applying or construing such notification narrowly.

8.          Learned counsel for the petitioner submitted that for the

present no reliefs are claimed against respondent No.4 or respondent

No.8.   Therefore though respondent Nos.4 and 8 have filed the

Affidavit-in-Replies we have not dealt with the same.

9.          We    have   heard    learned   counsel    Mr.     Ochani    for

Respondent Nos.1,2 and 8 who opposed the petition.                We have

perused the pleadings and the materials on record.             Mr. Ochani

invited our attention to the affidavit-in-reply filed on behalf of

respondent Nos.1, 2 and 8 to oppose the petition.

10.         At the outset, it would be pertinent to extract the

notification dated 19th February, 2026, issued by respondent No.2

prescribing a requirement for importers of steel products to obtain

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ARN on the SIMS Portal not earlier than the 60 th and not later than

3rd day before the expected arrival of the consignment.                   The

Notification dated 19th February, 2026 reads thus:-

                    “No. S-21022/9/2025-TRADE-TAX(2)
                            Government of India
                              Ministry of Steel
                          Trade & Taxation Division
                                   *****

                                           Udyog Bhawan, New Delhi
                                         Dated the 19th February, 2026.

                                  NOTICE

             In supersession of this Ministry’s Notice of even no. dated
      13.06.2025, 04.08.2025 and 10.09.2025, the advance
      registration period to apply for registration on the Steel Import
      Monitoring System (SIMS) Portal for import of all steel products,
      except items covered under specific HS Codes of Heading 7204
      of ITC (HS), 2022 and import from SEZ/EOU to DTA, will be as
      under:

                Country                          Period
      Nepal, Bhutan and         Not arlier than 60th day and not
      Sri Lanka                 later than 2nd day before the
                                expected date of arrival of import
                                consignment
      All Countries except      Not earlier than 60th day and not
      Nepal, Bhutan and         later than 3rd day before the
      Sri Lanka                 expected date of arrival of import
                                consignment


      2.    The advance registration period for import of items
      covered under specific HS codes of heading 7204 of ITC (HS),
      2022 would be ‘not earlier than 60 th day and not later than 2nd
      day before the expected date of arrival of import consignment’.


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      3.     Further, the advance registration period for import of
      items from SEZ/EOU to DTA would be ‘not earlier than 60 th day
      and not later than 2nd day before the expected date of arrival of
      import consignment.’

      4.    The Automatic Registration Number thus generated shall
      remain valid for a period of 75 days.

      5.    This will be effective from 20.02.2026.


                                                (Deepak Kumar Sah)
                         Under Secretary to the Government of India
                                                     Tel: 26773360”

11.         It would also be relevant to reproduce the notification

dated 8th April, 2026, by which respondent No.2 exempted the

mandatory compliance with the QCO for steel imports covered by

Bills of Lading having a “Shipped on Board” date on or before 30 th

June, 2026. The same reads thus:-

                   “F.No. S-20011/15/2024-TECH-Part(2)
                               Ministry of Steel
                             Government of India
                              Technical Division

                                     GPOA-3, Netaji Nagar, New Delhi
                                             Dated : 08th April, 2026

                                  ORDER

            In continuation to this Ministry’s Order of even number
      dated 20.11.2025 and in pursuance to the decision taken by the
      Competent Authority, the ITC-HS Codes mentioned in Annexure I
      are exempted from mandatory compliance of QCO issued by
      Government of India.



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      2.    The mandatory adherence requirement of QCO for the
      aforesaid ITC-HS Codes shall be exempted for imports of steel
      products with Bill of lading having shipped on board dated on or
      before 30.06.2026.

                                                  (G. Sarathy Raja)
                     Deputy Secretary to the Government of India
                                                     Tel: 24155780
                                     Email: [email protected]”


12.         The respondents contend that successive exemptions

from mandatory compliance with the Quality Control Order were

granted upon representations from the trade seeking a grace period,

by orders dated 6th October, 2025, 20th November, 2025 and 8th Apri,

2026, extending the exemption up to 30 th June, 2026.                 Thus,

according to Mr. Ochani the final cut-off date was expressly

stipulated and notified nearly three months in advance, thereby

providing the trade with an adequate transitional period.              The

contention of the respondents is that the exemption was confined to

compliance with the Quality Control Order and did not dispense with

the requirement of registration under SIMS. In terms of the Notice

dated 19th February, 2026, an importer was required to obtain

registration not earlier than 60 days and not later than three days

before the expected arrival of the consignment, and the ARN so

generated remained valid for 75 days.           It is the stand of the

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respondents that an importer seeking the benefit of the exemption

was required to register under the Non-QCO import procedure while

the transitional exemption subsisted.

13.           It is not in dispute that the Bill of Lading so far as the

Ukraine is concerned is dated 26th May, 2026 and the expected date

of arrival was 26th July, 2026. In respect of the consignments from

Thailand, the Bills of Lading were dated 27 th June, 2026 and the

expected date of arrival was 12th July, 2026.         The respondents

contend that registration was available for the Ukraine consignment

for more than five weeks before the cut-off date and was also

available for the Thailand consignments before the exemption

expired.     In the say of the respondents, the relevant purchase

contracts were entered into after 8 th April, 2026, when the final cut-

off date had already been notified. It is submitted that the petitioner

is not entitled to the benefit of the exemption notification as the

petitioner did not register either of the consignments in question on

or before 30th June, 2026.

14.           The petitioner first approached the Portal on 3 rd July,

2026.      According to the respondents, the petitioner should have

approached the Portal before the expiry of the transitional period.

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This according to the respondents is the reason for denying the

petitioner the benefit of exemption notification.

15.         The Hon’ble Supreme Court in Southern Petrochemical

Industries Co. Ltd. (supra) held that right of exemption granted by a

valid notification gives rise to an accrued and vested right, and is not

a mere concession defeasible by the Government. In a case where

the right to exemption of tax for a fixed period has accrued and the

conditions for exemption have also been fulfilled, the withdrawal of

that exemption cannot affect the already accrued right, unless the

statute provides otherwise. Till a notification is withdrawn, the same

would continue to operate.

16.         So far as the order dated 8th April, 2026 is concerned, the

same clearly records that the goods are exempted from mandatory

compliance of QCO issued by the Government of India. Clause 2

thereunder provides that the mandatory adherence requirement of

QCO for the said goods shall be exempted for imports of steel

products with Bill Lading having shipped on board dated on or

before 30th June, 2026.

17.         There is no dispute that the goods imported by the

petitioner are entitled to the exemption provided they satisfy the test

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therein. The goods fall under the category stipulated under the

exemption notification. The notification cannot be construed

narrowly. The exemption notification has to be construed broadly

and widely.

18.           The Hon’ble Supreme Court in the Bombay Chemical (P)

Ltd. (supra) in paragraph 9 held thus:-

              “9.    Item No. 18 which was added in 1978 grants
              exemption to the categories of goods which can be
              classified as insecticides, pesticides, weedicides or
              fungicides. They have to be understood in broad sense.
              The reasoning of the Tribunal that if an expression is
              capable of a broader and a narrower meaning then it is
              the latter which could be preferred does not appear to
              be correct. Where entries are descriptive of category of
              goods they have certain characteristics. Therefore, when
              a question arises whether a particular good is covered in
              any category or not, it has to be examined if it satisfies
              the characteristic which go to make it a good of that
              category. And whether in trade circle it is understood as
              such and if it is a goods of technical nature then
              whether technically it falls in the one or the other
              category.    Once it is found that a particular good
              satisfies   the   test   then   issue   which   arises   for
              consideration is whether it should be construed broadly
              or narrowly.        One of the settled principles of
              construction of an exemption notification is that it

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      should be construed strictly, but once a goods is found
      to satisfy the test by which it falls in the exemption
      notification then it cannot be excluded from it by
      resorting to applying or construing such notification
      narrowly.   Item 18 is an exemption notification.       As
      stated earlier, it mentions broad categories of goods
      which are entitled to exemption. Once a goods is found
      to fall even narrowly in any of these categories, there
      appears no justification to exclude it. The test of strict
      construction of exemption notification applies at the
      entry, that is, whether a particular goods is capable of
      falling in one or the other category but once it falls then
      the exemption notification has to be construed broadly
      and widely. Each of the words insecticides, pesticides,
      fungicides or weedicides are understood both in the
      technical and common parlance as having broad
      meaning. Therefore, if any goods or items satisfy the
      test of being covered in either of the expression, then it
      is entitled to exemption.        The broad and basic
      characteristic for exemption under the notification is
      that the goods must have the property of killing germs
      and bacteria, insects or pest and it should be
      understood in the common parlance as well as being
      covered in one of the broad categories mentioned in the
      notification. Since the goods produced by the appellant
      are capable of killing bacteria and fungi which too, is
      covered in the expressions ‘pesticide’ and ‘fungicide’
      there appears no reason to exclude the goods from the


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            aforesaid notification.”
                                             (emphasis supplied)


19.         Further, in the present case, it is seen that the goods

which are exempted for imports from the requirement of QCO clearly

indicates the Bill of Lading having shipped on board on or before 30 th

June, 2026. The Bill of lading having shipped on board is admittedly

before 30th June, 2026.

20.         The stand of the respondents that the ARN should have

been generated before 30th June, 2026 for the exemption notification

to apply is not at all supported by any of the provisions of the

Customs Act or the conditions laid down in the notification for

claiming exemption. The notification dated 19 th February, 2026 only

provides the requirement that the same should be not earlier than

60th day and not later than 3rd day before the expected date of arrival

of import consignment. The ARN, thus generated is to remain valid

for the period of 75 days. There is thus no justification at all for the

respondents to impose the condition that the petitioner had to

register the consignment in question on or before 30 th June, 2026.

The contention that the petitioner approached the Portal on 3 rd July,

2026 after expiry of transitional period for denying the exemption is

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completely unjustified.

21.         No doubt, the decision in Commissioner of Customs

(Import), Mumbai Vs. Dilip Kumar & Co. [(2018) 9 SCC 1] provides

that an exemption is to interpreted strictly and the burden of proving

applicability lies on a person claiming it. In the present case, both

the parameters are satisfied even if the exemptions are considered

strictly on a reading of plain terms which are applicable to the

petitioner’s claim. Insisting that the registration should be within the

transitional period is not a requirement provided by law or the

notifications.   In fact, the notification dated 19 th February, 2026

provides otherwise. We therefore have no difficulty in holding that

once the petitioner falls within the terms of the above notifications,

the same would have to be given full effect. There is no dispute that

the Bills of Lading having shipped the said goods on board was on or

before 30th June, 2026. Therefore, there is nothing wrong in the

petitioner applying for the ARN on 3rd July, 2026 as the goods which

were shipped on or before 30th June, 2026 were to arrive on 12th

July, 2026 in one case and the other on 26 th July, 2026. Thus, the

petitioner applied for obtaining the ARN within the time frame

stipulated by the notification dated 19th February, 2026.

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22.        The petition is therefore allowed in terms of prayer

clauses (a) and (b). The impugned order dated 10 th August, 2026 is

quashed and set aside.

23.        No order as to costs.




  (SANDESH D. PATIL, J.)                      (M. S. KARNIK, J.)




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