2012 (6) TMI 7 - HC - Customs

Petition for adjudication of matter relating to the imported second hand Digital Multifunction Print, Copying Machines, Photocopier Machines, spares and accessories - goods detained by custom for want of import license - Held that - In view of the fact that the goods had already been released by way of the interim orders passed by this Court on finding that goods in question would not fall under the restricted or prohibited category of goods, as they had been imported under the freely importable category. No licence or permission is needed for such imports, hence, it is found to be appropriate to direct the respondents to adjudicate the matter relating to the goods in question and to pass appropriate orders thereon, as expeditiously as possible.

Summary

Issues:
- Clearance of second hand capital goods and spares under free importability category
- Requirement of import licences for second hand Digital Multifunction Print and Copying Machines
- Classification of goods as hazardous waste
- Adjudication process for goods in question

Clearance of second hand capital goods and spares under free importability category:
The petitioners, engaged in the business of second hand Digital Multifunction Print and Copying Machines, sought clearance of imported goods under the free importability category. Customs authorities demanded import licences for goods similar to second hand photo copier machines, leading to detention of the goods. The petitioners filed writ petitions for the release of the goods. The court had previously ruled that such goods do not require licences for import under the freely importable category.

Requirement of import licences for second hand Digital Multifunction Print and Copying Machines:
The respondents argued that import licences are necessary for second hand Digital Multifunction Print and Copying Machines, considering them as restricted goods. They claimed that Ministry of Environment and Forests clearance is also mandatory due to the goods falling under the category of hazardous waste as per relevant rules.

Classification of goods as hazardous waste:
The respondents contended that the imported second hand Digital Multifunction Print and Copying Machines are classified as hazardous waste under specific rules. They referred to Rule 3(1)(iii) of the Hazardous Waste Rules, 2008, along with Basel No.B 1110 of schedule III, to support their classification.

Adjudication process for goods in question:
Considering the arguments from both parties and a previous court decision, the court directed the respondents to adjudicate the matter concerning the goods promptly. The petitioners were instructed to cooperate fully in the adjudication process. The writ petitions were disposed of with these directions, with no costs imposed, and the connected miscellaneous petitions were closed.