Justice Vibhu Bakhru sought replies from the Ministry of Commerce and the RBI by September 23 on the plea of Delhi Bullion Jewellers Welfare Association which has contended the circular was passed without following due procedure and is not a policy decision.
The petitioner organisation has contended the May 21, 2014 circular was issued in an "arbitrary manner" by the previous government and that too right after the Lok Sabha election results were announced.
The Reserve Bank of India (RBI) had in July last year imposed restrictions on gold imports in order to check burgeoning current account deficit and sliding Rupee.
The central bank had tied imports with exports and prescribed a 20:80 formula. This facility was available to select banks and other entities were barred from importing the yellow metal.
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Under the 20:80 scheme an importer has to ensure that at least one-fifth, or 20 per cent, of every lot of imported gold is exclusively made available for exports and the balance for domestic use.
The eligible STH and PTH, however, will have to follow certain conditions.