2009 (10) TMI 739 - HC - Customs

Summary

Issues:
1. Interpretation of customs laws regarding the import of goods for industrial use.
2. Applicability of a specific Supreme Court judgment to the present case.
3. Determination of whether goods imported are scrap or mild non-alloy steel rods.
4. Validity of directions issued by the Commissioner (Appeals) regarding duty payment, bank guarantee, and end-use bond.
5. Jurisdiction of the High Court to interfere with the impugned order.

Analysis:

1. The judgment addresses a case where the respondents imported goods for use in their furnace, but the petitioners claimed the imported items were not scrap as intended. The Commissioner (Appeals) issued an order for payment of duty, bank guarantee, and end-use bond, along with a direction for physical supervision during melting. The High Court declined to interfere, emphasizing the purpose of the imported material for end-use.

2. The petitioners cited a Supreme Court judgment, but the High Court found the issue in the present case distinct from the one considered by the Supreme Court. Therefore, the ratio of the cited judgment was deemed inapplicable to the facts at hand.

3. The High Court highlighted the ongoing appeal before the Commissioner (Appeals) to determine whether the imported goods were scrap or mild non-alloy steel rods. This decision would be made based on legal considerations, regardless of the material's import status.

4. Regarding the directions given by the Commissioner (Appeals), the High Court concluded that a single direction did not warrant interference with the impugned order. The Appellate Authority's aim was to ensure the material was utilized as raw material for end-use in the furnace, which aligned with the intended purpose.

5. Ultimately, the High Court rejected the petition, emphasizing that the identification of goods and their appropriate use was within the jurisdiction of the Commissioner (Appeals). The court declined to intervene further in the matter, signaling the importance of allowing the appellate process to proceed as per legal requirements.