9911796707
TMI Blog2022 (7) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel accepts notice for R5. All learned counsel would submit that the issue that arises in these matters has been considered by this Court on 13.06.2022 in a batch of Writ Petitions in W.P.Nos.11942 of 2022 etc. batch. 2. The petitioner seeks a mandamus directing the respondents to release the goods viz., 675 Bags viz., 54,000 Mts., (W.P.No.16260 of 2022) and 1013 bags viz., 81.000 Mts., (W.P.No.16267 of 2022) of Betel Nut Products (known as (Supari Unflavoured) imported from Indonesia vide Bill of Entry Nos.7667388 (W.P.No.16260 of 2022) and 7667284 (W.P.No.16267 of 2022), both dated 27.02.2022, classifiable under CTH 21069030 and totally valued at USD 81,000.00 (CIF) for 54,000 Mts and USD 121,500.00 (CIF) for 81.000 Mts and further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entations in view of events that have transpired in the recent past. This includes reference to an order of the Principal Commissioner, ordering provisional release under Section 110A, in circumstances that the petitioners state are identical to theirs. A copy of such order dated 07.05.2022 has been placed at page-23 of Additional set of documents dated 09.06.2022, filed in WP.No.12473 of 2022. 18. In the case of Unik Traders, an order-in-original had come to be passed on 28.01.2022 adverse to the petitioners classifying their consignments under Chapter-8. This order had come to be reversed by the Appellate Authority on 03.03.2022, wherein at paragraph-7, the Officer states as follows: '7. From the above discussions, I find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter hearing the petitioners and simultaneous with a prima facie determination of the classification of the commodity in each case, within a period of two (2) weeks from date of receipt of the applications. 20. In directing a prima facie classification as above, this Court has taken note of the spirit and intention of Circular No.22/2004-Cus. dated 03.03.2004 that reads as follows: 'Circular No.22/2004-Cus., dated 3.3.2004 F.No.450/115/2003-Cus.IV Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi Subject: Delay in release of consignments due to classification disputes, seizure and provisional release thereof - Regarding. I am directed to say that the trade has represe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion imported by the petitioner, which would also demonstrate clearly that the products fall under Chapter 8 of the Customs Tariff Act, 1975 only. 5. Seeing as serious objection is raised by the learned counsel for the petitioner in regard to whether that photograph relates to its consignment or not, I desist from extracting the same in this order. 6. In fine, the direction given in the aforesaid batch of Writ Petitions is extended to the present matters as well. The petitioner has made representations before the respondents, both dated 09.05.2022 that shall be disposed by R4 within a period of two (2) weeks from date of receipt of a copy of this order after hearing the petitioner. 7. These Writ Petitions are disposed as above. No cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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