The Delhi High Court has directed the Directorate General of Foreign Trade (DGFT) to review Tariff Rate Quota (TRQ) allocation for gold imports under India-UAE Comprehensive Economic Partnership Agreement (CEPA) and urged the policy to be more broad-based and inclusive of small and new entrants.
The bench of Justice Sachin Datta has observed that the concerned authorities shall duly take into account the grievances / apprehensions highlighted by the petitioners particularly the aspect that the allocation policy must veer towards making the same broad-based and extending it to those applicants who do not have a track record of substantial turnover over the preceding few years (even though they have significant network) as well as those seeking TRQ allocation for the first time.
The petitioner/assessee, Plasticotes Investments Private Limited challenged the rejection/ short allocation upon their applications for allocation of Tariff Rate Quota (TRQ) for import of gold under the Comprehensive Economic Partnership Agreement (CEPA) executed between India and the United Arab Emirates (UAE) for the financial year 2025-26.
The petitioners assail the decision of the Directorate General of Foreign Trade (DGFT) which laid down the eligibility conditions and allocation modalities for TRQ for the import of gold at concessional rates under the India – UAE CEPA.
The grievance of the petitioners pertained to the imposition of a minimum turnover threshold of Rs. 25 Crores over the preceding three financial years as a condition for eligibility for grant of TRQs; Non-refundability of application fees in cases of unsuccessful applicants; Blanket rejection of the petitioners’ applications without affording an opportunity of hearing; and Short allocation of the petitioners’ applications without affording an opportunity of hearing.
The petitions have been filed in the backdrop of the CEPA executed between India and UAE on 18.02.2022, wherein, specific tariff commitments were made by both the governments in relation to trade in goods.
As per Article 2.4 (2) of the CEPA, the Indian Government agreed to eliminate customs duties on goods originating from the UAE. Under the agreement, a phased tariff concession/relief of 1% was envisaged for Indian gold importers. For the 4th year i.e., FY 2025-26, the quantity of gold bullion available for allotment was prescribed at 180 metric tonnes.
To operationalize the CEPA obligations, DGFT issued Customs Notification No.22/2022 dated 30.04.2022 followed by Public Notice No. 06/2015-2020 dated 01.05.2022, amending Para 2.107 of the Handbook of Procedures 2015-2020 and Appendix 2A of the Foreign Trade Policy (FTP) 2015-2020. The amendment incorporates items under the TRQ under CEPA.
The court held that given that six months out of the current financial year have already elapsed, the DGFT would be required to undertake a review of the TRQ allocation so as to utilize the quota for the current financial year. In the event the respondents are inclined to accept the request of the petitioners, the DGFT may introduce additional conditions / criteria to allocate the TRQ accordingly.
Case Details
Case Title: Ms Plasticotes Investments Private Limited Versus Director General Of Foreign Trade & Ors.
Case No.: W.P.(C) 11391/2025 and CM APPL.46669/2025
Date: 26/09/2025
Counsel For Petitioner: Tarun Gulati, Sr. Adv.
Counsel For Respondent: Balendu Shekar, CGSC
