2019 (12) TMI 197 - HC - Customs

Clearance of imported goods for home consumption - clearance for home consumption without CIB and RC Import Permit - HELD THAT - The writ petitioner before this Court today need not file successive writ petitions merely because the consignment booked as an importer by the petitioner is being delivered or is to be delivered in lots or in partial consignments. Merely because the entire consignment is not delivered in one go or lot, but in the above manner, does not mean that successive writ petitions have to be brought. So long as the consignment of a certain, specified quantity of imported goods reaches the port, either in a single consignment or in multiple consignments, the clearance shall be permitted on the strength of this order passed in the present writ petition - We are not making any generalised order in regard to future imports, but only in regard to single or multiple consignments under the present Bills of Entry/purchases/purchase orders/invoices mentioned in this writ petition.

Summary

Issues:
1. Relief sought for clearance of imported goods under specific Bill of Entry numbers.
2. Permission requested to import and clear goods without certain permits.
3. Similarity to issues in other pending writ petitions.
4. Clarification on filing successive writ petitions for partial consignments.
5. Procedure for future imports.

Analysis:
1. The petitioner sought relief for the clearance of imported goods under two specific Bill of Entry numbers, requesting permission to clear them for home consumption upon payment of appropriate customs duty. Additionally, the petitioner sought approval to import goods and clear them without specific permits, namely CIB and RC Import Permit.

2. The parties acknowledged that the issue raised in the current petition mirrored those in other pending writ petitions before the court, specifically referencing Writ Petition (L) No.1477 of 2018. The court noted this similarity and proceeded to pass orders consistent with the previous judgments delivered in the mentioned writ petition.

3. The court clarified that the petitioner need not file successive writ petitions solely because the consignment is delivered in lots or partial consignments. As long as a specified quantity of imported goods reaches the port, whether in a single consignment or multiple consignments, clearance shall be permitted based on the current order. This directive aimed to streamline the process and avoid unnecessary litigation for partial deliveries.

4. It was emphasized that the order pertained to the consignments under the Bills of Entry, purchases, and invoices mentioned in the present writ petition. Any future consignments would require adherence to the regular process without a generalized order for future imports. The petitioner was advised to follow the standard procedure for any subsequent import activities.

5. The court allowed the acceptance of an affidavit in reply, if submitted to the Registry, as part of the petition proceedings. This provision ensured the inclusion of relevant information and responses in the case record for comprehensive consideration during the legal proceedings.