2009 (5) TMI 84 - HC - Customs

Court Orders Release of Imported Goods, Emphasizes Valid IEC Number & Paid Duty

HAMID FAHIM ANSARI Versus COMMR. OF CUS. (IMPORT), NHAVA SHEVA

HAMID FAHIM ANSARI Versus COMMR. OF CUS. (IMPORT), NHAVA SHEVA - 2009 (241) E.L.T. 168 (Bom.) 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.