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        Case ID :

        2014 (12) TMI 986 - HC - Customs

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        Court directs relocation of Appraisal Counter at airport, citing public interest and passenger convenience. The court criticized the lack of consideration for public interest and inadequate reasons provided by the respondents in the case regarding the absence of ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Court directs relocation of Appraisal Counter at airport, citing public interest and passenger convenience.

                            The court criticized the lack of consideration for public interest and inadequate reasons provided by the respondents in the case regarding the absence of an Appraisal Counter at the airport. The judgment emphasized passenger convenience and directed the respondents to decide within six months on relocating the existing counter to the airport or establishing a nearby one. The court highlighted the need for modernization in appraisal procedures to meet current demands and enhance the airport's services for international travelers.




                            Issues:
                            1. Non-availability of an "Appraisal Counter for issuance of Export Certificate" at the Indira Gandhi International (IGI) Airport, New Delhi causing inconvenience to passengers.

                            Analysis:
                            The petition raised the issue of the absence of an Appraisal Counter at the IGI Airport, forcing passengers to travel to the Custom House at Jhandewalan, 30 kms away, for assessment. The petitioner highlighted the Baggage Rules allowing duty-free jewellery for Indian residents returning from abroad and the necessity of an Export Certificate for carrying expensive items without duty. The petition argued that the lack of an Appraisal Counter at the airport inconvenienced passengers, contrasting with other countries like the United States and the United Kingdom where such facilities are available.

                            The counter affidavit filed by the Additional Commissioner of Customs at IGI Airport explained the time-consuming process of issuing Export Certificates for gold jewellery, citing the need for advance application due to testing, photography, and sealing of jewellery. The affidavit mentioned logistical challenges, including space constraints, lack of infrastructure, and trained appraisers at the airport. It also raised security concerns and the impracticality of on-the-spot appraisals due to passenger volume.

                            The court criticized the respondents' approach, noting the lack of consideration for public interest and the inadequacy of reasons provided in the counter affidavit. The judgment highlighted the recent redevelopment of the airport, questioning the allocation of space for commercial purposes over passenger services. The court rejected security concerns, suggesting the possibility of locating the Appraisal Counter near the airport without compromising safety.

                            The judgment emphasized the importance of convenience for passengers from neighboring states and the need for 24x7 appraisal services to align with international flight schedules. It disputed the claim of Jhandewalan being the city center and proposed having multiple Appraisal Counters to streamline the process. The court criticized the outdated appraisal procedures, advocating for modernization to meet present-day needs and increase in international travel.

                            In the final decision, the court directed the respondents to make a reasoned decision within six months on relocating the existing Appraisal Counter to the airport or establishing an additional counter nearby. The judgment emphasized the importance of passenger convenience, aligning with global airport practices, and improving facilities to provide a world-class experience for travelers.
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                            ActsIncome Tax
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