2009 (5) TMI 84 - HC - Customs

Authority must release imported goods within 48 hours if importer holds valid IEC and has paid customs duty

HC directed release of imported goods within 48 hours to the petitioner, holding that Customs cannot withhold goods solely because imports were made in ... Release of imported goods - irregularity in certificate of Importer-Exporter Code (IEC) - classification or valuation - HELD THAT:- In other words, imports have been done in the name of the petitioner but for some other person. In so far as respondents/Customs Authorities is concerned, they have not pointed out to us any provision under the Customs Act or any Rule or Regulation framed thereunder by which the person having valid IEC Number and having paid the custom duty is prevented from importing goods. At the highest, if the petitioner has obtained IEC number by misrepresenting the Ministry of Commerce and Industry and Director General of Foreign Trade, it is for that body to take action. - petitioner having paid the custom duty is entitled to release of the goods. We, therefore, direct respondents to release the goods within 48 hours from today. Issues:1. Import of goods with final assessment and duty payment.2. Dispute regarding address verification and clearance of goods.3. Validity of import under a different person's name.4. Customs Act provisions for importers with valid IEC number.5. Direction for release of goods and further actions.Analysis:1. The petitioner imported goods, and Customs Authorities conducted a final assessment with duty payment, which was not disputed in terms of classification or valuation.2. The issue arose when the respondents checked the petitioner's address as per the Importer-Exporter Code (IEC) certificate and found discrepancies, leading to non-clearance of goods initially.3. It was revealed that the imports were done in the petitioner's name but for another individual, Rizwan Khan. The Court noted that Customs Authorities did not cite any provision under the Customs Act to prevent an importer with a valid IEC number and paid duty from importing goods.4. The Court emphasized that if there was any misrepresentation in obtaining the IEC number, it was the responsibility of the Ministry of Commerce and Industry and the Director General of Foreign Trade to take action, not the Customs Authorities.5. Consequently, the Court directed the release of the goods within 48 hours, making the rule absolute without any costs. The petitioner was instructed to appear before the Superintendent of Customs, and a copy of the order was to be forwarded to the Director General of Income-tax for further necessary actions as per the law.