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Madras High CourtWP/7944/2017disposed of

M/S.Reliable International v. The Commissioner Of Customs

2017-04-18Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7944 / 2017 and W.M.P.No.8701 / 2017 M/s.Reliable International Rep by Proprietor Mr.Mahaveer Kumar, No.28, Nambuliar Street, Tirupally Street Cross, Chennai-600 001 ... Petitioner Vs.

1.

The Commissioner of customs (Group 7H),

2. The Joint /Additional Commissioner of Customs

3. The Deputy Commissioner of Customs(Group 7H), ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents herein to release the goods viz., 4 cartons of Plastic Toy Ball, 20 cartons of Glass Beads (Garments Accessories), 536 cartons of Glass Beads (Garments Accessories), 30 cartons of Small Plastic Flower, 37 cartons of Small Plastic cap, 15 cartons of Small Plastic Cone, 15 cartons of Small Plastic Ball, 6 cartons of small iron stone ball, 18 cartons of small iron stone ring, 14 cartons of glass stone beads (Chatton Assorted Sizes), 45 cartons of Glass Stone Beads (Chatton Assorted Sizes) and 60 cartons of Glass stone Beads (Chatton Assorted Sizes) imported vide Bill of Entry No.8660516, dated 23.02.2017, on the value declared by the petitioner at USD 51799.95 totally.

For Petitioner :

Mr.A.K.Jayaraj For Respondents :

Mr.S.R.Sundar learned Standing Counsel

O R D E R

The petitioner seeks for a mandamus directing the respondents to release the goods viz., 4 cartons of Plastic Toy Ball, 20 cartons of Glass Beads (Garments Accessories), 536 cartons of Glass Beads (Garments Accessories), 30 cartons of Small Plastic Flower, 37 cartons of Small Plastic Cap, 15 cartons of Small Plastic Cone, 15 cartons of Small Plastic Ball, 6 cartons of Small Iron Stone Ball, 18 cartons of Small Iron Stone Ring, 14 cartons of Glass Stone Beads (Chatton Assorted Sizes), 45 cartons of Glass Stone Beads (Chatton Assorted Sizes) and 60 cartons of Glass Stone Beads (Chatton Assorted Sizes) imported vide Bill of Entry No.8660516, dated 23.02.2017, on the value declared by the petitioner at USD 51799.95 totally.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. Today when the matter is taken up for hearing, the learned counsel appearing for the respondents submitted that the subject matter Bill of Entry filed by the petitioner has been assessed and therefore the petitioner has to pay the required customs duty for release of the subject matter goods, at the applicable values. He has also produced a copy of the E-mail communication received from the respondent to that effect. Since, it is stated that the subject matter goods have been assessed, it is for the petitioner to pay the required customs duty at the applicable values and get the goods released on making such payments.

4. Accordingly, this writ petition is disposed of by recording the submissions made by the learned counsel for the respondents. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.

The Commissioner of customs (Group 7H),

2. The Joint /Additional Commissioner of Customs

3. The Deputy Commissioner of Customs(Group 7H), +1 cc to Mr.A.K.Jayaraj,advocate,sr.23190 +2 cc's to Mr.S.R.Sundar,advocate,sr.23200.

ev(co) krd 20/4 W.P. No.7944 of 2017 and W.M.P.No.8701 of 2017