2020 (1) TMI 339 - HC - Customs

Permission for assessment and clearance of the goods imported by the Petitioner - used aircraft tyres for Animal Driven Vehicles Tractor Trolley Agricultural Use - appellant could not controvert the factum of the earlier interim orders, which have been placed on record, nor can he point out any distinction in the facts of the present case to those of the earlier matters - HELD THAT - When there is no controversy qua the law question being identical and the facts are also similar, let there be similar interim relief in this matter also. The respondents are directed to permit the clearance of the goods imported by the petitioner subject to conditions imposed.

Summary

Issues:
- Petitioner seeking clearance of used aircraft tyres for specific purposes
- Request for writs and directions under the Customs Act, 1962
- Comparison with earlier similar cases for interim relief
- Respondent's affidavit-in-reply and lack of distinction in facts
- Granting interim relief with specific conditions

Analysis:
The petitioner approached the court seeking clearance of used aircraft tyres for Animal Driven Vehicles & Tractor Trolley Agricultural Use, imported under specific Bills of Entry, under the Customs Act, 1962. The prayers included mandamus or appropriate writs directing the respondent to allow clearance. The petitioner also requested interim relief for the goods' assessment and clearance until final disposal of the petition. The court noted the similarity with earlier cases where interim relief was granted and ordered the respondents to permit clearance of the imported goods under specified Bills of Entry, subject to conditions.

The petitioner's counsel highlighted previous petitions with similar issues and interim orders, urging the court for comparable relief in the present case. The respondent's counsel, while submitting an affidavit-in-reply, failed to dispute the existence of earlier interim orders or present any factual distinctions. Consequently, the court found the legal questions and facts to be analogous, leading to the decision to grant interim relief in this matter as well.

In response to the arguments presented, the court directed the respondents to allow clearance of the goods imported by the petitioner under the specified Bills of Entry in compliance with the Customs Act, 1962. However, certain conditions were imposed for the clearance process. These conditions included the requirement for a Customs Surveyor to assess the reusability of the tyres, a restriction on clearing non-reusable goods, and the filing of an undertaking ensuring the goods' usage aligns with permissible standards. The court also scheduled the case for further hearing alongside another related application.