2021 (10) TMI 544 - HC - Customs

Court Orders Customs to Reconsider Petitioner's Goods Classification

The Court directed the Customs Department to consider the petitioner's representation regarding the classification of imported goods as waste paper or ... Seeking permission to mutilate the imported goods - Waste Paper – White Wet Strength Waste - section 24 of Customs Act - HELD THAT:- It is the claim of the petitioner that, it is only a waste paper and it has not been mis-declared, therefore, the petitioner is entitled to get release of the goods by paying the proper customs duty, or else, in case, if the respondent raises any doubt still about the goods in question, the petitioner is ready to mutilate the same, and therefore, such permission can be granted to them under Section 24 of the Customs Act. If that is the claim of the petitioner, that can very well be considered by the respondent Customs Department and accordingly, the plea of the petitioner raised in the representation dated 16.03.2021 can be decided and disposed of in the manner known to law, within a stipulated period, on merits. There shall be a direction to the respondents to consider the representation of the petitioner dated 16.03.2021, and pass orders thereon, on merits and in accordance with law - Petition disposed off. Issues involved:1. Whether the petitioner should be permitted to mutilate the imported goods under Section 24 of the Customs Act, 1962 for clearance and exemption claimed for Waste Paper.2. Classification of the imported goods as waste paper or 'Stock Lot Paper' by the Customs authorities.3. Request for release of goods or permission to mutilate the consignment by the petitioner.4. Consideration of the petitioner's representation dated 16.03.2021 by the Customs Department.Analysis:Issue 1:The petitioner, a paper mill, sought a Writ of Mandamus to direct the respondents to permit mutilation of imported goods, 88 packages of Waste Paper, for clearance under the claimed exemption. The petitioner declared the goods as waste paper for pulping purposes and requested permission under Section 24 of the Customs Act, 1962. The petitioner claimed basic Customs Duty exemption under Notification No.50/2017-Customs, dated 30.06.2017, and emphasized being the actual user of the imported waste papers.Issue 2:Customs officers doubted the imported consignment as 'Stock Lot Paper' rather than waste paper, detaining the cargo for further examination. The petitioner, in a representation dated 16.03.2021, requested release of the goods or permission to mutilate them under Customs supervision. The Customs Department was urged to consider the PSI Certificate issued by the Government of India and the petitioner's representation to resolve the classification issue.Issue 3:The petitioner's counsel argued that the goods were correctly declared as waste paper and should be released by paying appropriate customs duty. Alternatively, if doubts persisted, the petitioner was willing to mutilate the goods under Section 24 of the Act. The respondent Customs, while refuting the waste paper claim, agreed to consider the petitioner's request for mutilation based on the merits of the representation dated 16.03.2021.Issue 4:The Court directed the respondents to consider the petitioner's representation dated 16.03.2021, afford an opportunity for a personal hearing if necessary, and pass orders within four weeks. The judgment emphasized the need for a lawful decision based on merits and compliance with the stipulated time frame. The writ petition was disposed of with these directions, highlighting the importance of a fair and timely resolution without imposing costs on either party.