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of <h1>High Court emphasizes statutory remedies over writ petitions for customs issues, stresses separation of powers.</h1> The High Court held that the petitioner's issues regarding classification, concessional duty rates, and withdrawal of exemption under Notification No. ... Maintainability of petition - alternative statutory remedy existed - Section 128 of the Customs Act, 1962 - Benefit of N/N. 46 /2011–Cus dated 01.06.2011 - Case of petitioner is that the benefits already granted through the Notification No.46 of 2011 had been withdrawn mistakenly - import of “Carbonless Paper Black Image” and the same is classifiable under customs tariff heading 4809 - Held that:- The institutional respects are to be maintained by the constitutional Courts. Whenever there is a provision for an appeal under the statute, without exhausting the remedies available under the statute, no writ petition can be entertained in a routine manner. Only on exceptional circumstances, the remedy of appeal can be waived, if there is a gross injustice or if there is a violation of fundamental rights ensured under the Constitution of India. Otherwise, all the aggrieved persons from and out of the order passed by the original authority is bound to approach the Appellate Authority. The institutional functions and exhausting the appeal remedies by the aggrieved persons, are to be enforced in all circumstances and writ proceedings can be entertained only on exceptional circumstances. Rule is to prefer an appeal and entertaining a writ is only an exception. This being the legal principles to be followed, this Court cannot entertain the writ petitions in a routine manner by waiving the remedy of appeal provided under the statute. Thus, When an effective alternative remedy is available, a writ petition cannot be maintained - reliance placed in the case of CITY AND INDUSTRIAL DEVELOPMENT CORPORATION VERSUS DOSU AARDESHIR BHIWANDIWALA & ORS [2008 (11) TMI 662 - SUPREME COURT]. The writ petitioner is at liberty to approach the appropriate Appellate authorities and thereafter, before the Appellate Tribunal constituted under Section 129(A) of the Customs Act,1972 for the purpose of redressing his grievances in the manner known to law - petition disposed off. Issues Involved:1. Classification and concessional rate of basic customs duty for 'Carbonless Paper Black Image.'2. Withdrawal of exemption under Notification No. 46/2011.3. Exhaustion of statutory remedies under the Customs Act, 1962.4. Jurisdiction of the High Court to entertain the writ petition.Detailed Analysis:Classification and Concessional Rate of Basic Customs Duty:The petitioner, a regular importer of 'Carbonless Paper Black Image,' classified the goods under customs tariff heading 4809. The petitioner claimed the benefit of serial number 553 of Notification No. 46/2011-Cus dated 01.06.2011, which provided a concessional rate of basic customs duty for goods classifiable under headings 480830 to 480990. The benefit was initially extended at the time of import, and the goods were cleared for home consumption.Withdrawal of Exemption under Notification No. 46/2011:The petitioner contended that the benefits granted through Notification No. 46/2011 were mistakenly withdrawn. The petitioner argued that the withdrawal was improper and not in accordance with international agreements. The respondents countered that the withdrawal was a deliberate decision and not a mistake, making the petitioner ineligible for the claimed concession.Exhaustion of Statutory Remedies under the Customs Act, 1962:The respondents emphasized that the petitioner must exhaust the statutory remedies available under the Customs Act before approaching the High Court. Section 128 of the Customs Act provides for appeals, with the first appeal lying before the Commissioner and subsequent appeals to the Appellate Tribunal under Section 129(A). The court opined that the Appellate Tribunal is empowered to adjudicate all legal and factual disputes raised by the petitioner.Jurisdiction of the High Court to Entertain the Writ Petition:The court highlighted the principle of separation of powers and institutional respect, stating that Constitutional Courts should not routinely usurp the powers of statutory appellate tribunals. The court stressed that statutory remedies must be exhausted, and writ petitions should only be entertained in exceptional circumstances, such as gross injustice or violation of fundamental rights. The court cited several Supreme Court judgments reinforcing the rule of exhausting alternative remedies before invoking writ jurisdiction.Conclusion:The court concluded that the issues raised by the petitioner could not be adjudicated in the writ petition as the Appellate Tribunal is competent to resolve such disputes. The court emphasized the need to maintain institutional respect and adhere to the principle of separation of powers. Consequently, the writ petition was disposed of, granting the petitioner the liberty to approach the appropriate appellate authorities and the Appellate Tribunal for redressal of grievances. The court reiterated that writ petitions should be an exception and not a routine bypass of statutory appeal mechanisms.
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