M/S.Alankar Shipping And Trading Co.P.Ltd v. The Commissioner Of Customs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE M/s.Alankar Shipping & Trading Co. P. Ltd., Represented by its Managing Director, Shri.Ramesh Nalliah, No.121/30, Jawaharlal Nehru Salai, 100 Feet Road, Koyambedu, Chennai - 600 017.
... Petitioner Vs.
1.The Commissioner of Customs, Import Commissionerate, No.60, Rajaji Salai, Chennai - 600 030.
2.The Additional Commissioner of Customs, Group - 2, No.60, Rajaji Salai, Chennai - 600 030.
3.The Deputy Commissioner of Customs, Group - 2, No.60, Rajaji Salai, Chennai - 600 030.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to Page No.1 of 6
assess and clear the said goods cover under Bill of Entry No.3836297 dated 12.08.2025 without insisting on the BIS Registration Certificate. For Petitioner :
Mr.G.Derrick Sam For Respondents :
Ms.Revathi Manivannan Senior Standing Counsel *****
ORDER
This Writ Petition has been filed for a Mandamus to direct the respondents to assess and clear the goods covered under Bill of Entry morefully described in the prayer to this writ petition, without insisting on the production of the BIS Registration Certificate.
2. Learned counsel for the petitioner, would now submit that for the imports made by the petitioner through the subject bill of entry morefully described in the prayer to this writ petition, in view of the decision rendered by this Court in W.P.No.37033 of 2025, vide order, dated 31.10.2025, production of BIS Registration Certificate is mandatory. However, he would submit that in case of export of the goods which have arrived in India, which is the subject matter of bill of entry submitted by the petitioner morefully described in the prayer to this writ petition, there Page No.2 of 6
is no necessity for the petitioner to produce the BIS Registration Certificate.
3. Learned Senior Panel Counsel appearing for the respondents would submit that since the subject goods were imported by the petitioner under the subject bill of entry morefully described in the prayer to this writ petition, the question of granting permission to the petitioner for exporting the very same goods without production of BIS Registration Certificate will not arise and the said request cannot be entertained.
4. The petitioner has conceded before this Court to the submission made by the learned counsel for the petitioner that for the imports of the goods, which is the subject matter of the bill of entry morefully described in the prayer to this writ petition, the production of BIS Registration Certificate is mandatory, and the relief as prayed for in this writ petition seeking for release of the goods without production of BIS Registration Certificate cannot be granted by this Court. However, no prejudice would be caused to the respondents, if the petitioner is allowed to give a representation to the respondents seeking to export the goods, which is Page No.3 of 6
the subject matter of the bill of entry morefully described in the prayer to this writ petition and a direction is issued to the respondents to consider the said representation, on merits and in accordance with law, within a time frame to be fixed by this Court.
5. This Court is not expressing any opinion on the merits of the petitioner's proposed representation.
6. For the foregoing reason, in view of the submission made by the petitioner that production of BIS Registration Certificate for the purpose of imports for the subject bill of entry is mandatory in view of the decision rendered by the learned Single Judge of this Court in W.P.No.37033 of 2025, dated 31.10.2025, this Writ Petition is disposed of by not granting the relief as prayed for in this writ petition, but instead permitting the petitioner to submit a fresh representation to the respondents seeking to export the goods, which is the subject matter of the bill of entry, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said representation, the 3rd respondent shall pass final orders, on merits and in accordance with law, Page No.4 of 6
within a period of four (4) weeks thereafter, on the petitioner's request to export the goods, which the subject matter of the bill of entry without production of BIS Registration Certificate. No costs. 17.12.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Commissioner of Customs, Import Commissionerate, No.60, Rajaji Salai, Chennai - 600 030.
2.The Additional Commissioner of Customs, Group - 2, No.60, Rajaji Salai, Chennai - 600 030.
3.The Deputy Commissioner of Customs, Group - 2, No.60, Rajaji Salai, Chennai - 600 030.
Page No.5 of 6
ABDUL QUDDHOSE. J.
sp W.P .No.
34907 of 202 17.12.2025 Page No.6 of 6