Home Case Index All Cases Customs Customs + HC Customs - 2016 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 1148 - HC - CustomsAssessment of bill of entry - provisional release of goods - import of wire mesh - against the said B/L, an alert had been issued by the Directorate of Revenue Intelligence (“DRI”) - The first is that a mandamus be issued to the respondents to assess the goods imported by the petitioner against Bill of Entry No. 4767708 dated 31st March, 2016. The alternative prayer is that the respondents should be directed to make a provisional assessment of the goods imported under Section 18 of the Customs Act, 1962. Held that:- The Court considers the request for further time to be unreasonable for the simple reason that the entire purpose of the Petitioner filing the present petition was to get the alert notice issued by the DRI removed and this petition itself has been pending since 25th April 2016. The demurrage charges have been mounting, and for no fault of the Petitioner, it is unable to proceed with the assessment of the goods by the Customs and the ultimate clearance of the goods. The following directions issued:- (a) The Respondents will proceed hereafter on the basis that the alert issued by the DRI in respect of the two containers in question stands removed; - (b) The Customs will write to the CONCOR, i.e., Respondent No. 4, not later than one week from today, giving its no-objection for the physical inspection of the goods; and The Customs authorities will proceed with the assessment and complete it within a period of two weeks thereafter subject to the petitioner complying with all the formalities and requirements of Respondent no.4. - Decided partly in favor of petitioner.
|