Madras High CourtWP/9638/2015disposed of

M/S.Sharon Solutions Ltd., v. The Commissioner Of

2015-04-01Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No. 9638 of 2015 And M.P.No.1 of 2015 M/s. Sharon Solutions Limited, Plaint A, 14-18, PIpdic Electronic Park, Tirubuvanai, Puducherry 605 107, rep. by its Director, Mrs.Uma Maheswari ... Petitioner Vs 1.The Commissioner of Customs (Airport) Air Cargo Complex, New Custom House, Meenambakkam, Chennai 600 027.

2.The Deputy Commissioner of Customs (Gr.5B) Air Cargo Complex, New Custom House, Meenambakkam, Chennai 600 027.

... Respondents Petitions filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents herein to assess and clear the goods covered under the following Bill of Entry Nos.6195616 dated 22.7.14, 7307523 dated 7.11.14, 7307836 dated 7.11.14, 7307524 dated 7.11.14 and 8420592 dated 25.2.2015. For Petitioner : Mr.N. Viswanathan For Respondents : Mr.Xavier Felix

O R D E R

The petitioner has come forward with this writ petition seeking a direction to the respondents to assess and clear the goods covered under the following Bill of Entry Nos.6195616 dated 22.7.14, 7307523 dated 7.11.14, 7307836 dated 7.11.14, 7307524 dated 7.11.14 and 8420592 dated 25.2.2015.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner/company is engaged in importing and exporting GSM SIM cards and assessee on the file of the second respondent herein. When the matter is taken up for hearing, learned counsel for the petitioner submitted the petitioner is willing to pay the duty as assessed by the respondent authority. 4.Learned counsel for the respondents would submit that the goods would be released on payment of the custom duty as assessed by the department.

5. In view of the aforesaid submission, this writ petition is disposed of with a direction to the respondents to assess the custom duty applicable for the release of the goods covered under the Bill of Entry Nos.6195616 dated 22.7.14, 7307523 dated 7.11.14, 7307836 dated 7.11.14, 7307524 dated 7.11.14 and 8420592 dated 25.2.2015. This Court makes it clear that on such payment, the respondents are directed to release the goods. This Writ Petition is disposed of. No costs. Consequently, connected M.P. is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar smi To 1.The Commissioner of Customs (Airpor) Air Cargo Complex, New Custom House, Meenambakkam, Chennai 600 027.

2.The Deputy Commissioner of Customs (Gr.5B) Air Cargo Complex, New Custom House, Meenambakkam, Chennai 600 027.

1 cc to Mr.N. Viswanathan, Advocate, Sr. 18626 1 cc to Mr.S. Xavier Felix, SCGSC, Sr. 18769 W.P.No.9638 of 2015 KSJ (CO) kk 8/4 https://hcservices.ecourts.gov.in/hcservices/