2018 (2) TMI 1989 - HC - Customs

Permission to clear imported goods - import of used tyres - HELD THAT - Identical issue decided in the case of KADRI ENTERPRISE A PROPRIETOR CONCERN OF GULAM RASUL GULAM MUSTUFA SHAIKH VERSUS UNION OF INDIA 2 2015 (11) TMI 677 - GUJARAT HIGH COURT where the respondents are directed to forthwith permit assessment and clearance of the goods imported by the applicant - petitioner. The respondents are directed to permit the clearance of the goods imported by the petitioner - Customs authorities shall depute a Surveyor to check whether the tyres are reusable with or without retreading.

Summary

Issues:
Interim order based on similarity of facts in petition, direction for clearance of imported goods under Customs Act, 1962 subject to specific conditions.

Analysis:
The judgment delivered by the High Court of Gujarat involved the consideration of an interim order sought by the petitioner based on the similarity of facts with previous cases. The petitioner's counsel referred to interim orders passed in similar matters and requested a similar order in the present case. The respondent's counsel did not contest the similarity of facts and agreed that an appropriate order should be passed. Consequently, the Court decided to issue an order similar to a previous order dated 23.12.2015 in a specific case. This previous order directed the respondents to permit the assessment and clearance of imported goods under certain conditions, including the requirement for a Surveyor to check the reusability of the goods and the filing of an undertaking regarding the sale of imported goods for reuse. The Court found the situation in the present petitions to be identical and therefore issued interim directions for the clearance of goods imported by the petitioner under specific Bills of Entry, subject to the same conditions outlined in the previous order.

The specific conditions imposed by the Court for the clearance of imported goods included the appointment of a Surveyor by Customs authorities to assess the reusability of the goods, a prohibition on clearing any goods deemed non-reusable, and the submission of an undertaking by the responsible person involved in the importation process to ensure the sale of goods in a manner that facilitates reuse. The Court directed the respondents to permit the clearance of goods imported under specified Bills of Entry in accordance with the Customs Act, 1962, based on these conditions. Additionally, the Court ordered that the present petitions be heard along with another related application and permitted direct service for a specific respondent. The judgment highlighted the importance of maintaining consistency in issuing interim orders based on similar factual circumstances and legal considerations to ensure fairness and efficiency in the judicial process.