9911796707
|
Home
Issues:
Petitioners aggrieved by not being permitted to import goods under a valid Duty Free Advance Licence without payment of duty. Customs authorities refused clearance citing misrepresentation in obtaining the licence. Petitioners seeking refund of duty paid and revalidation of licences. Analysis: The judgment addresses the issue where petitioners, holding valid Duty Free Advance Licences, were not allowed to import goods without paying duty due to alleged misrepresentation in obtaining the licences. The customs authorities refused clearance based on the grounds of misrepresentation by the predecessors-in-interest of the petitioners. However, the Supreme Court precedent highlighted in the judgment establishes that unless the licensing authority cancels a valid licence due to misrepresentation, customs authorities cannot deny duty exemption solely on such grounds. Since the licences were valid and not canceled by the licensing authority, the customs authorities were not entitled to withhold the release of goods without payment of duty. The petitioners were granted permission by the Court to clear the goods upon payment of duty, entitling them to a refund of the duty amount paid. Regarding the request for revalidation of licences, the judgment explains that the petitioners' plea for revalidation was not specifically made in the writ petition. Moreover, the practical circumstances revealed that the goods were imported towards the end of the validity period of the licences, leaving minimal time for revalidation even if considered. Consequently, the Court rejected the oral plea for revalidation as the licences had almost expired by the time the goods were imported. In conclusion, the Court allowed the writ petitions to the extent that the duty amounts paid by the petitioners for goods clearance were to be refunded with interest. The judgment emphasized that the customs authorities were not justified in withholding the release of goods under valid licences and directed the refund of duty paid. However, the request for revalidation of licences was dismissed due to the timing of goods import and the lack of a specific plea in the writ petition. The judgment was delivered with no order as to costs.
|
