2020 (9) TMI 178 - HC - Customs

Non-service of order - auction of goods - Mr. Dayan Krishnan assures this Court that the ground rent/demurrage shall be paid to respondent no.2 after the said amount is determined and benefit is given of the letter dated 23rd April, 2020 issued by the Central Board of Indirect Taxes and Customs. HELD THAT - Issue Notice. Till further orders, there shall be stay of auction scheduled on 31st August, 2020 of the subject consignment of goods imported by the petitioner.

Summary

Issues:
Challenge to order instructing auction of goods, Stay of auction proceedings, Payment of ground rent/demurrage, Stay of auction scheduled on 31st August, 2020.

Analysis:
The petition challenges an order instructing the auction of goods belonging to the petitioner, which was not supplied to the petitioner directly but mentioned in an email. The petitioner seeks to prohibit the auction and stay the proceedings until the petition is disposed of. The petitioner's senior counsel clarifies that custom duties and interest have been paid for nine out of 27 containers of goods. He highlights that a previous letter from respondent no.1 had instructed to postpone the auction for 60 days as the importer intended to clear the goods, but this was allegedly withdrawn without notice to the petitioner, leading to an expedited auction. The petitioner undertakes to pay ground rent/demurrage as determined and seeks benefit under a specific letter issued by the Central Board of Indirect Taxes and Customs.

The Court issues notice to the respondents and stays the auction scheduled for 31st August, 2020. The stay remains until further orders, with a returnable date set for 14th September, 2020. The order is passed, clarifying the time of issuance and instructing its immediate upload on the website and forwarding a copy to the counsel via email.