2019 (7) TMI 344 - HC - Customs

Import of Multi Function Devices / Machines - issuance of SCN - HELD THAT - It is now submitted without any disputation or disagreement that the revenue has issued show cause notices (SCN) to each of the writ petitioners in these ten writ petitions. The writ petitioners shall submit their reply to the SCNs, the same shall be adjudicated upon on merits, after affording an opportunity of personal hearing and the matter will be carried to its logical end. Petition disposed off.

Summary

Issues Involved:
1. Import of Multi-Function Devices (MFDs)
2. Non-clearance of consignments despite payment of duty
3. Prayers for Mandamus to pass orders on Bills of Entry
4. Reference to judgments of High Court of Telangana and Andhra Pradesh, and CESTAT
5. Previous similar cases and their outcomes
6. Issuance of show cause notices by the revenue

Detailed Analysis:

1. Import of Multi-Function Devices (MFDs):
The writ petitions pertain to the import of Multi-Function Devices/Machines (MFDs) from Singapore and other countries through Chennai Port. The petitioners filed different Bills of Entry for their respective consignments, which are all MFDs.

2. Non-clearance of consignments despite payment of duty:
The petitioners claimed that despite filing Bills of Entry and paying the applicable duty, the respondents had not taken any action to assess and clear the consignments. This led to the filing of the writ petitions seeking a directive for the clearance of the goods.

3. Prayers for Mandamus to pass orders on Bills of Entry:
The petitioners sought a Mandamus directing the respondents to pass orders on the Bills of Entry, taking into account judgments from the High Court of Telangana and Andhra Pradesh and orders from the Tribunal (CESTAT). They also requested provisional release of the goods pending the final decision.

4. Reference to judgments of High Court of Telangana and Andhra Pradesh, and CESTAT:
The petitioners referenced the judgment of the High Court of Telangana and Andhra Pradesh in W.P.No.2728 of 2018 and the decision of the Tribunal in Final Order No.41864/2018. The Court noted that the prayers in the current petitions were similar to those in the earlier cases.

5. Previous similar cases and their outcomes:
The Court was informed that similar writ petitions by other importers were disposed of by another Single Judge of the Court on 22.02.2019, with directions to release the consignments on furnishing bonds. However, these orders were set aside by a Division Bench on 25.04.2019, which directed the revenue to commence adjudication and issue show cause notices.

6. Issuance of show cause notices by the revenue:
Following the Division Bench's order, the revenue issued show cause notices to the petitioners. The Court emphasized that the petitioners should respond to these notices, which would then be adjudicated on merits, following the due process of law.

Conclusion:
The Court dismissed the writ petitions, directing the petitioners to respond to the show cause notices issued by the revenue. The adjudication process would follow the directions of the Division Bench, ensuring the matter is resolved on merits and in accordance with law. The Court provided the petitioners the liberty to participate in the adjudication process, thus ensuring their grievances are addressed through the appropriate legal channels.