2016 (11) TMI 91 - HC - Customs

Seizure - Valuation - Perishable goods - Violation of the Intellectual Property Rights - Held that - the present petition can be disposed of, at this stage, with direction to respondent No.2 to dispose of the application filed by the petitioner for disposal of the seized goods, which according to the petitioner, have already expired and further to dispose of the show cause notice issued on 15.3.2012 - Petition disposed - Decided in favor of the assessee.

Summary

Issues:
1. Detention of perishable cosmetic goods by Customs Authorities.
2. Discrepancy in assessed value of goods.
3. Violation of Intellectual Property Rights.
4. Delay in disposing of the goods and show cause notice.

Analysis:

1. The petitioner's consignment of cosmetic goods was detained by Customs Authorities and remains at the port, posing a risk of perishing. The petitioner sought direction for disposal of the goods or a decision on the application regarding the detained goods, emphasizing their perishable nature.

2. The declared value of the goods by the petitioner was significantly lower than the assessed value by the Authorities. The Director of Revenue Intelligence highlighted potential violations of Intellectual Property Rights in the imported goods, except for a portion of the goods valued at a lesser amount.

3. The respondent's counsel explained that the delay in disposing of the goods was due to the necessity of testing them for authenticity with brand manufacturers. However, an assurance was given that the application for disposal and the show cause notice would be addressed promptly.

4. Following the hearing, the court directed respondent No.2 to dispose of the petitioner's application for the seized goods' disposal, especially considering their expired state. Additionally, the court instructed the prompt resolution of the show cause notice issued earlier, emphasizing timely action within four weeks of the court order.

This judgment addresses the critical issues of detention of perishable goods, discrepancy in assessed values, Intellectual Property Rights violations, and the necessity for prompt action in disposing of goods and resolving show cause notices to prevent further delays and potential losses for the petitioner.