TMI Blog2012 (4) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... - custom authority is delaying the release of the said consignment by taking the plea that the goods imported were old and used and therefore, they are “Electronic Waste” - The contention of the petitioner is that the consignment are lying since December, 2011 and the delay is causing immense hardship and financial loss to the petitioners on account of demurrage and detention charges - Held that: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Enterprises by bill of entries dated 12.12.2011, 14.12.2011 and 7.12.2011 had asked the Commissioner of Customs at ICD, Tughlakabad, New Delhi to permit and allow import into India of the Data Graphic Display Tubes, which have been imported from Malaysia. It was claimed that these goods could be imported under the open general license. 3. The petitioner has filed the present writ petition in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he prevailing Import and Export Policy for the period 2009-2014, import of second hand goods except capital goods is restricted and special import license is required for import of second hand goods. Data Graphic Display Tubes are also covered by said restriction i.e. second hand data graphic display tubes require special import license. Counsel for the respondents has further stated that they hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners on account of demurrage and detention charges. 7. We need not examine and enter into the controversy on merits. The assessment order in original is yet to be passed. Adjudication has not taken place. 8. Keeping in view the facts of the present case and the delay which has occurred, it is directed that the respondent authority will pass an order-in-original determining whether the goods in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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