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2012 (9) TMI 943 - HC - Customs

Issues Involved:
The issues involved in this case are the release of an imported generator and the requirement of an import license.

The petitioner approached the Court seeking a direction to release the generator imported and for a further direction to the fourth respondent to pass appropriate orders on the application seeking to issue an import license. The petitioner purchased a Diesel Power Generator Set from a Chinese Company and imported it for their use at their office. The petitioner claimed that no import license is required as it is not for resale.

The respondents informed that adjudication proceedings are pending, and orders are yet to be passed. The Central Pollution Control Board is identified as the authority responsible, and the State Pollution Control Board clarified that it is not authorized to issue a Type Approval Certificate. The question of emission and assessment arises only after installation and use of the generator. The Ministry of Commerce and Industry issued a communication reflecting a decision regarding import authorization for the generator.

The Court directed the petitioner to produce the communication before the adjudicating authority for consideration and passing appropriate orders expeditiously. The writ petition was disposed of with no costs incurred.

 

 

 

 

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