2015 (4) TMI 887 - HC - Customs

Provisional release of the goods - Import made by using other person s Import Export Code - Held that - no reason as to why the provisional clearance should not be granted by the customs authorities in respect of the goods which are the subject matter of the present petitions. We direct the Commissioner of Customs, ICD, Tughlakabad, New Delhi to provisionally clear the said goods, subject to the conditions that he may impose in accordance with law. The respondents shall also consider the petitioners‟ applications for detention certificates. - Decisions in the case of Commissioner of Customs & Central Excise v. Achiever International 2012 (5) TMI 67 - DELHI HIGH COURT and First Track Traders v. Commissioner of Customs, Tuticorin 2012 (3) TMI 310 - MADRAS HIGH COURT distinguished - Decided in favour of assessee.

Summary

Issues:
Provisional release of detained LED lights and Christmas lights based on ownership and import legality.

Analysis:
The judgment addressed the issue of provisional release of goods, specifically LED lights and Christmas lights, detained by customs authorities due to allegations that the goods were imported by the petitioners using another individual's Import Export Code (IEC). The petitioners contended that the goods were not prohibited and were ready to pay the customs duty. They argued that they were the rightful owners of the goods or, even if not, there was no legal prohibition on importing the goods. The petitioners cited the Kerala High Court judgment emphasizing that an importer need not be the consumer or buyer of the goods. The judgment highlighted that the purpose of imports is for sale to consumers, and there was no legal objection to such transactions as long as the goods were not prohibited.

Furthermore, the petitioners relied on a Bombay High Court decision stating that as long as the importer has a valid IEC number and pays the custom duty, they are entitled to the release of goods, even if the imports were done for someone else. In contrast, the respondents referred to a Division Bench judgment and a Madras High Court decision, which the court found inapplicable to the present case due to differing facts and circumstances. The court emphasized that the retraction of a statement made under Section 108 of the Customs Act distinguished the present case from the cases cited by the respondents.

Ultimately, the court ruled in favor of the petitioners, directing the Commissioner of Customs to provisionally clear the goods subject to any lawful conditions imposed. The judgment highlighted that there was no valid reason to withhold provisional clearance and instructed the authorities to consider the petitioners' applications for detention certificates. The writ petitions were allowed without any cost implications.