2015 (9) TMI 29 - HC - Customs

Delay in Provisional Assessment of Bills of Entries Assessment of Bills of Entries for clearance of goods were filed long back Respondents were alleged to have taken no steps for provisional assessment Held that - apparent that there was enormous delay in processing Bills of Entry Delay in performance of statutory duties, renders remedy provided by statute illusory Central Board of Excise and Customs (C.B.E. & C.) to inquire into matter as to why there was delay at level of Commissioners in processing such like cases Petition disposed of.

Summary

Issues: Delay in processing Bills of Entries for clearance of goods, exposure to detention and demurrage charges, obligation of officers to perform statutory duties with expedition, inquiry into delay at the level of Commissioners, disposal of writ petitions.

The judgment addresses the delay in processing Bills of Entries for clearance of goods, which has been pending from 2011-2014, exposing the petitioners to the risk of detention and demurrage charges. The Court notes the obligation of officers to perform statutory duties with utmost expedition, emphasizing that delay can render statutory remedies illusory. The Court directs that matters with fixed hearings will be taken up promptly, and steps will be taken to process other matters within three weeks. Additionally, the Central Board of Excise and Customs is requested to inquire into the delay at the level of the Commissioners and submit a report to the Court, indicating any necessary actions against the officers responsible.

The Court highlights the importance of expediting the processing of Bills of Entries to prevent adverse consequences for the petitioners. It emphasizes the duty of officers to act promptly in performing statutory obligations to ensure the effectiveness of statutory remedies. The Court's directive to take up matters promptly and process them within a specified timeframe reflects the urgency in addressing the delayed assessments. By involving the Central Board of Excise and Customs in the inquiry, the Court aims to identify the reasons for the delay at the Commissioner level and take appropriate actions to prevent such delays in the future.

The judgment concludes by disposing of the writ petitions and scheduling a compliance review for a future date. The directive for compliance review indicates the Court's intent to ensure that the orders and actions outlined in the judgment are implemented within the specified timeline. The Court's decision to send a copy of the order to the Central Board of Excise and Customs underscores the importance of accountability and oversight in addressing delays and inefficiencies in the processing of Bills of Entries. The judgment overall emphasizes the need for timely and efficient handling of statutory duties to protect the rights and interests of the petitioners.