1991 (4) TMI 134 - HC - Customs

Summary

Issues:
1. Import of stamping foil for leather industry.
2. Requirement of manufacturer's catalogue/literature for Customs clearance.
3. Legal validity of impugned show cause notice.

Analysis:

1. The writ petitioner, engaged in manufacturing leather products, imported stamping foil from West Germany for use in their factory. The goods arrived at the port of Calcutta in April 1989, and the petitioner duly filed a Bill of Entry for Home consumption. The Customs authorities provisionally assessed the goods under an exemption notification and warehoused them pending determination of end-use in the leather industry. Despite representations, clearance was not granted.

2. The Customs authorities insisted on the production of manufacturer's catalogue/literature to establish the intended use of the stamping foils in the leather industry. They cited instances of misuse of similar exemptions, leading to revenue loss. The petitioner argued that as per previous judgments, the production of such catalogues was not necessary for release, and an end-use bond sufficed to ensure proper utilization in the leather industry.

3. The petitioner challenged a show cause notice and refusal to release the imported goods, asserting that the requirement for manufacturer's catalogue/literature was unfounded based on past court decisions. The Court, referring to previous rulings, held that the Customs authorities cannot demand such documentation for clearance. The impugned show cause notice was quashed, and the petitioner was directed to provide end-use bonds and certificates of consumption to ensure proper utilization in the leather industry.

This judgment clarifies the legal position regarding the Customs clearance of imported goods intended for specific industries, emphasizing the importance of end-use bonds over the production of manufacturer's catalogues/literature. The Court's decision provides guidance on the documentation required for Customs clearance in cases involving goods meant for specific industrial purposes, ensuring compliance with relevant regulations while preventing unnecessary delays in the clearance process.