Disposed

M/S A.R. Fabrics Pvt. Ltd. v. the Deputy Commissioner of Customs, Icd & Anr.

Delhi HC12 Jan 2016W.P.(C)/225/2016

Case brief

AI extract

What is this about?

This order grants a direction to Customs authorities to finalize provisional bills of entries for imported polyester knitted fabric. The petitioner, an importer, sought a directive due to delays exceeding five years, causing financial prejudice. The court directed the authorities to decide within three months.

What did the court decide?

Direction to file fresh representations within two weeks; Commissionerates to finalize bills within three months; personal hearing by February 2016.

M/S A.R. Fabrics Pvt. Ltd. Vs the Deputy Commissioner of… — Customs and Excise | Delhi HC (2016)

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Signature Not Verified Digitally Signed By:AM UL YA

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COMMISSIONER OF CUSTOMS & ANR Respondents Through Mr. Satish Kumar, Sr. Standing Counsel

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AND

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W.P.(C) 225/2016 & CM APPL. 904/2016

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M/S A.R. FABRICS PVT. LTD Petitioner Through Mr. Prem Ranjan Kumar, Advocate

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versus

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THE DEPUTY COMMISSIONER OF CUSTOMS, ICD & ANR Respondents Through Mr. Satish Kumar, Sr. Standing Counsel

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CORAM:

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HON'BLEMR. JUSTICEMANMOHAN

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ORDER

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% 12.01.2016

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Present writ petitions have been filed seeking a direction to respondentsto finalize bills of entries filed by the petitionerswhich have been assessed provisionallyduring the period 2011 to 2014 for import of polyesterknitted fabric.

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:<x-

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Learned counsel for the petitioners states that the petitioners are importersoffabric and have importedthe same from Chinaafternegotiating the price. He further states that in pursuanceto the said negotiationand agreement for the value, the petitioners filed bills of entries for home consumption. Accordingto him, the goods were examinedand found to be

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PF.P. (C) 243/2016&Ors.

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2of3

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in accordancewith declarationexceptthe qualityand assessablevaluewhich was requiredto be testedand hencethe sampleswere drawn.

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Learned counsel for the petitioners states that the petitioners have made number of requeststo finalizethe bills of entries,but despite lapse of more than five years,the same have not been finalized.

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Learned counsel for the petitionersfurther states that action of the respondentsin not finalizingthe provisionalbill of entries for so long is causinggreat prejudiceto the petitionersas huge amount of money is stuck by way of payment of excess duty.

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Learnedcounsel for the petitionersprays that respondentsbe directed to finalize the bills of entries within a strict time frame.

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On the other hand, learned counsel for respondents, who appears on advance notice, states that he has no objectionto the fmalizationof bills of entriesfiled by petitionersbut the same shouldbein accordancewith law.

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Consequently, present writ petitions and pending applications are disposedofwith a directionto petitionersto file fresh representationswith the respectiveCommissioneratewithin two weeks. Upon receiptof such-a representation,the Commissioneratesare directedto decide and finalizethe bills of entries filed by the petitioners as expeditiously as possible, preferablywithinthree months. Respondentsare directedto give apersonal hearingto petitionerson February,2016.

Orderdasti.

MANMOHAN, J

JANUARY 12, 2016

W.P.(C) 243/2016&Ors.

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M/S A.R. Fabrics Pvt. Ltd. v. the Deputy Commissioner of Customs, Icd & Anr.

Case brief

What is this about?

What did the court decide?

M/S A.R. Fabrics Pvt. Ltd. v. the Deputy Commissioner of Customs, Icd & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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