TMI Blog2015 (10) TMI 1911X X X X Extracts X X X X X X X X Extracts X X X X ..... 1/2015 - - - Dated:- 13-10-2015 - The Honourable MR. Justice R. Mahadevan, J. For the Petitioner : Mr. A. K. Jayaraj For the Respondent : Mr. A. P. Srinivas, Standing Counsel ORDER This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to release the goods viz. 14,279 Kgs of cold rolled stainless steel sheets, imported vide Bill of Entry No.2479824, dated 4.9.2015, by extending Preferential Rate of Duty. 2. The case of the Petitioner is that the Petitioner imported 14,279 kgs of cold rolled stainless steel sheets from Malaysia to the tune of USD 29,985.90 and the said goods were shipped from M/s.Bahru Stainless Sdn., Bhd, Malaysia, vide invoice No.E15 04348, dated 18.8.2015 and filed Bill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporter is entitled to have the goods examined, assessed and cleared without undue delay and that the customs authorities are under statutory obligation to perform their duties without any delay, so that the Petitioner need not have to pay any demurrage charges and that once the goods have arrived at the Port of destination, the same should be cleared on proper evidence and that though the Petitioner furnished all documents that are necessary for processing and assessing the Bill of Entry and ordering the release of the goods, the Respondents are withholding the goods without any basis and hence, prayed for release of the goods in question. 5. The learned Standing Counsel for the Respondents submitted that the writ jurisdiction is premat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and plates. The quality is certified by TUD SUD Management Services, Gmbh. and the management system is ISO 9001-2000 certified by Lloyd's Register Group and the above information leaves no room to doubt whether the goods are manufactured in Malaysia or nor and if the AIFTA certificate is not accepted by the customs authority in the importing country, then in terms of procedure 7(C) of operational certification procedure, the certificate shall be marked in box 4 and the original AIFTA certificate should be returned to the issuing authority within a period of two months and the issuing authority should be notified of the grounds for the denial of preferential treatment and no such procedure had been followed by the Respondent in spite o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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