Delhi High Court
Eastron Enterprises Inc. vs Commissioner Of Customs on 28 February, 2012
Author: Sanjiv Khanna
$~10 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 28th February, 2012.
+ W.P.(C) 721/2012
EASTRON ENTERPRISES INC. ..... Petitioner
+ W.P.(C) 722/2012
MATAJI ENTERPRISES ..... Petitioner
+ W.P.(C) 723/2012
CELESTIAL ENTERPRISES ..... Petitioner
Through Mr. Pradeep Jain, Adv.
Versus
COMMISSIONER OF CUSTOMS ..... Respondent
Through Mr. Kamal Nijhawan, sr. standing counsel with Mr.
R. Ashok , Mr. Jitender Kumar and Mr. Sumit Gaur,
Advs.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE R.V. EASWAR
SANJIV KHANNA,J: (ORAL)
As identical controversy arises for consideration in these
WP(C) 721/12 & conn. Page 1 of 5
three writ petitions, they are being disposed of by this common
order.
2. Eastron Overseas Inc., Mataji Enterprises & M/s. Celestial
Enterprises by bill of entries dated 12.12.2011, 14.12.2011 and
7.12.2011 had asked the Commissioner of Customs at ICD,
Tughlakabad, New Delhi to permit and allow import into India of
the Data Graphic Display Tubes, which have been imported from
Malaysia. It was claimed that these goods could be imported
under the open general license.
3. The petitioner has filed the present writ petition in this Court
alleging that the respondent custom authority is delaying the
release of the said consignment by taking the plea that the goods
imported were old and used and therefore, they are "Electronic
Waste". The petitioners have controverted the said plea and have
submitted report of a chartered engineer in support. It is their
contention that Data Graphic Display Tubes are not old tubes but
are new tubes and they are not refurbished and reconditioned.
WP(C) 721/12 & conn. Page 2 of 5
4. When these writ petitions came up for hearing on 6.2.2012,
notice was issued for today's date and it was directed that it is
open to the respondents to undertake necessary tests. The
respondents were also asked to pass appropriate order within
reasonable time.
5. In the reply filed by the respondents, they have stated that as
per the prevailing Import and Export Policy for the period 2009-
2014, import of second hand goods except capital goods is
restricted and special import license is required for import of
second hand goods. Data Graphic Display Tubes are also covered
by said restriction i.e. second hand data graphic display tubes
require special import license. Counsel for the respondents has
further stated that they have drawn samples and these have been
sent to a testing laboratory for verification to decide whether or not
the goods imported are new or second hand. Respondents have
written a letter dated 17.2.2012 calling upon the petitioners to
produce the manufacturing technical specification/ writer/
WP(C) 721/12 & conn. Page 3 of 5
catalogue/ literature, etc. The respondents submit that they had
obtained information from a chartered engineer, who has opined
that the goods in question are old and second hand.
6. Ld. counsel for the petitioner submit that they have replied
to the said letter saying that they do not have catalogue/literature
and these were stock material. The contention of the petitioner is
that the consignment are lying since December, 2011 and the delay
is causing immense hardship and financial loss to the petitioners
on account of demurrage and detention charges.
7. We need not examine and enter into the controversy on
merits. The assessment order in original is yet to be passed.
Adjudication has not taken place.
8. Keeping in view the facts of the present case and the delay
which has occurred, it is directed that the respondent authority will
pass an order-in-original determining whether the goods in
question can be imported to India and the duty etc. payable thereon
within a period of three weeks i.e. by 21st March, 2012.
WP(C) 721/12 & conn. Page 4 of 5
Petitioner/authorized representative will appear before the
adjudicating officer on 12th March, 2012 at 12.30 p.m. for further
proceedings. With the aforesaid observations, the writ petition is
disposed of. No costs.
Dasti under signature of the Court Master.
SANJIV KHANNA, J.
R.V.EASWAR, J.
FEBRUARY 28, 2012
vld
