2001 (3) TMI 107 - HC - Customs

Summary

Issues involved:
The judgment involves the challenge of a common judgment by a learned single Judge regarding writ petitions filed by the respondent, concerning the import of goods under Advance Licences.

Details of the Judgment:

Issue 1: Import under Advance Licences
The petitioner had purchased two Advance Licences for importing stainless steel sheets/coils. The licences were transferable and had export obligations, which were fulfilled by the original licensees. The petitioner imported goods but faced challenges regarding the description of the goods in the Bill of Entry. The authorities demanded proof of nexus between the imported goods and the goods exported by the original licensees.

Issue 2: Legality of Authorities' Actions
The appellant state argued that the petitioner should have filed a statutory appeal instead of a writ petition. They contended that the imported goods must match those exported by the original licensees to fulfill the export obligation.

Judgment:
The learned single Judge held that the petitioner, as a purchaser of the licences, was not required to establish a nexus since the original licensees had already fulfilled the export obligations. The Judge relied on a previous decision and stated that once the export obligation was met, the customs authorities could not insist on establishing a nexus. The Judge confirmed that the imported goods matched the description in the Advance Licences.

Separate Judgment:
The Additional Solicitor General argued that the assessments were not yet made, and the authorities had the power to check the similarity of the imported goods with those covered in the original licences. However, the Senior Counsel for the respondent contended that the authorities had already made a final finding through their endorsements, which were beyond their jurisdiction.

The High Court dismissed the appeals, confirming the single Judge's decision. It was held that the authorities should proceed with assessment orders without considering the questioned endorsements. The Court emphasized that the petitioner was not required to establish a nexus, as the goods imported matched the description in the Advance Licences.