IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 31-01-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2069 of 2011 and M.P.No.1 of 2011 M/s.Sunita Logistics 682, Hazari Pahad, Near Vayusena Nagar, Nagpur 440 007, Maharashtra, Rep. By its Proprietor, Mr.Prashant Mandalik. .. Petitioner. Versus 1.The Commissioner of Customs (Seaport-Exports), Custom House, No.60, Rajaji Salai, Chennai-600 001. 2.The Additional Commissioner of Customs, (Group-7B), Custom House, No.60, Rajaji Salai, Chennai-600 001. 3.The Director General of Foreign Trade and Ex-Officio, Additional Secretary to Government of India, Ministry of Commerce and Industry, Department of Commerce, New Delhi. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the first and the second respondents herein to permit the clearance of the 123 units of secondhand Digital Multifunction Print and Copying Machines forming the subject matter, vide Bill of Entry No.745 022, dated 10.1.2011, enhanced C&F value of US$ 34,010/-, under free import as second hand capital goods as provided under Para 2.17 read with Definition under para 9.12 of Foreign Trade Policy of 2009-2014, without imposing any restriction in the absence of specific notification issued by the third respondent restricting the import of the said goods under Section 5 read with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992. For Petitioner : Mr.P.Jagadeesan For Respondents : Mr.T.R.Senthilkumar (R1 and R2) Mr.P.Mahadevan (CGSC) (R3) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2, as well as the learned counsel appearing for the 3rd respondent.
2. The learned counsels appearing for both sides had submitted that the issue involved in this writ petition is covered by the judgment of this Court, dated 2.12.2010, in W.P.No.26964 of 2010, wherein, this Court, following the earlier order passed by the Division Bench of this Court, dated 21.10.2009, made in W.A.No.1508 of 2009 (THE COMMISSIONER OF CUSTOMS (IMPORTS), SEAPORT, CHENNAI AND ANOTHER Vs. M/S.POLYCRAFT EXPORTS (P) LTD., AND ANOTHER), had directed the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law.
3. Hence, following the order passed by this Court, on 2.12.2010, in W.P.No.26964 of 2010, the writ petition is disposed of, directing the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, with liberty to the respondents to proceed further, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 31-01-2011
Internet:Yes/No
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Note to Office:
Issue copy of the order by 31-01-2011
To
1.The Commissioner of Customs (Seaport-Exports),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
2.The Additional Commissioner of Customs, (Group-7B),
Custom House, No.60, Rajaji Salai,
Chennai-600 001.
3.The Director General of Foreign Trade
and Ex-Officio,
Additional Secretary to Government of India,
Ministry of Commerce and Industry,
Department of Commerce, New Delhi.
M.JAICHANDREN,J.
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Writ Petition No.2069 of 2011
31-01-2011