9911796707
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Issues:
- Impugning query memos issued by Customs authorities regarding imports - Interpretation of import license terms and goods description in bills of entry - Customs authorities' right to issue query memos and petitioners' recourse Analysis: The case involved a writ petition challenging three query memos issued by Customs authorities to the petitioners regarding certain imports made by them. The petitioners were manufacturers of steel scaffolding tubes who had applied for an advance license to import raw materials for their manufacturing process. The license allowed them to import "secondary sheets/coils/strips, coated/uncoated" along with certain zinc ingots. The petitioners were required to export a specific quantity of coated steel scaffolding tubes within a specified period to avail duty exemption. The petitioners filed bills of entry for importing goods described as "Low Carbon Defective/Rejects Colour Coated Sheets in Coils", "MS Low Carbon Defective/ Rejects Colour Coated Sheets", "Mild Steel Secondary Grade Colour Coated Sheets", and "Fully Assorted Second Grade Coated Steel Sheets (Colour Coated)" between September 1989 and March 1990. The Collector of Customs issued query memos to the petitioners raising concerns about the conversion of second-grade coated steel sheets into coated scaffolding tubes, as per the description in the bills of entry. The first query memo questioned the feasibility of such conversion, while the subsequent memos reiterated the unresolved issue. The Court noted that Customs authorities have the right to ensure imported goods align with the terms of the import license. However, the Court refrained from intervening at the query memo stage, emphasizing that technical assessments regarding the conformity of imported goods with the license terms should be addressed by the Customs authorities. The Court dismissed the petition, stating that the appropriate forum for seeking relief was before the Customs authorities by responding to the query memos.
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