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TMI Blog2011 (11) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... wed - C.W.P No.15377 of 2011 - - - Dated:- 18-11-2011 - Hemant Gupta and G S Sandhawalia, JJ Appellant Rep by: Mr. Saurabh Kapoor, Advocate Respondent Rep by: Mr. H.P.S. Ghuman, Advocate JUDGEMENT Per: Hemant Gupta The petitioner invoked the writ jurisdiction of this Court challenging the order dated 04.08.2011 (Annexure P-1), whereby the Bill of Entry lodged by the petitioner has not been accepted under 'Self' category, as the petitioner does not satisfy the requirement contained in sub-para (iv) of Para 5 of Public Notice No.08/2005 dated 12.05.2005. The petitioner in the course of his business imported a consignment of "Old Used Digital Multifunctional Devices". Such goods were accompanied with the Overseas Char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istance of any Customs House Agent. In reply, the respondents have relied upon the Public Notice dated 12.05.2005 to contend that conditions in the said Notice in respect of qualification is applicable to a person, who wishes to import the goods by himself. The said reply has been filed on behalf of Shri Ranjit Singh, IRS, Commissioner, Customs (Prev.) Commissionerate, Amritsar. Before we consider the respective contentions of the parties, the relevant provisions of the Act and the Regulations as well as the Public Notice need to be extracted. The same are as under: Customs Act, 1962 46. Entry of goods on importation - (1) The importer of any goods, other than goods intended for transit or transshipment, shall make entry thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o a declaration as to the truth of the contents of such bill of entry and shall, in support of such declaration, produce to the proper officer the invoice, if any, relating to the imported goods. (5) If the proper officer is satisfied that the interests of revenue are not prejudicially affected and that there was no fraudulent intention, he may permit substitution of a bill of entry for home consumption for a bill of entry for warehousing or vice versa. 146. Customs house agents to be licensed - (1) No person shall carry on business as an agent relating to the entry of departure of a conveyance or the import or export of goods at any customs station unless such person holds a licence granted in this behalf in accordance with the regul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms passes for their proprietor/partners/directors/employee who will regularly be visiting Customs stations. xxx xxx xxx 5. The following documents are required to be submitted alongwith the application: Xxx xxx xxx (iv) Copy of S.S.C. or equivalent Govt. recognized board certificate (such as State Board, CBSE, ICSE Certificate etc.) duly attested by a Gazetted Officer. Having heard learned counsel for the parties, we find that the stand of the respondents that educational qualification of Secondary School Certificate (SSC) i.e. 10+2 is mandatory even for a importer, who wishes to submit Bill of Entry by himself, is wholly illegally, untenable and without jurisdiction. Section 46 of the Act deals with the submission of Bill of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease the goods forthwith. Any demurrage on account of delay of release of goods shall be borne by the respondents themselves. We have been informed by the petitioner that one Shri Lakshya Kumar, who was working as Assistant Commissioner of Customs, Inland Container Depot, Ludhiana - respondent No.4, has not accepted the Bill of Entry on file. The said wholly untenable stand was reiterated by Shri Ranjit Singh, IRS in the reply. Therefore, both the officers namely Shri Lakshya Kumar and Shri Ranjit Singh are directed to pay the cost of Rs.50,000/- i.e. Rs.25,000/- to the petitioner and another sum of Rs.25,000/- with the High Court Legal Services Committee, in equal shares out of their own funds. Such costs be deposited within a period of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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