1987 (2) TMI 80 - HC - Customs

Court dismisses petition on HDPE import contract due to ownership dispute, lack of clarity in documentation.

The court dismissed the Writ petition concerning a contract for the import of HDPE due to unresolved questions regarding ownership of the goods, transfer ... Writ jurisdiction - Detention of goods by Customs - Disputed facts - Import of goods Issues:1. Contract for import of HDPE with a foreign party in Singapore.2. Presentation of documents for payment to the banker.3. Goods arrival at Calcutta Port and customs duty assessment.4. Allegations by Income Tax Officer regarding unaccounted money.5. Dispute over ownership of imported goods between Inter Metal & Allied Co. and petitioners.6. Customs investigation and correction of Manifest under Customs Act, 1962.7. Claim by petitioners for release of goods detained by Customs authorities.Analysis:1. The petitioner claimed to have entered into a contract with a foreign party in Singapore for the import of HDPE. However, specific dates and details regarding the contract, including the opening of a letter of credit and bill of lading particulars, were not provided, raising uncertainties about the transaction's legitimacy.2. Documents related to the shipment were presented for payment to the petitioner's banker, M/s. Bank of Madura Ltd., Brabourne Road, Calcutta, and were retired by payment from the petitioner's account. The lack of specific dates and details in this regard added to the ambiguity surrounding the transaction.3. The goods arrived at Calcutta Port on a specific date, and customs duty was assessed upon unloading the goods from the vessel. The petitioner's involvement in this stage of the process was not evident, indicating a disconnect between the petitioner and the goods' arrival and assessment.4. Allegations by the Income Tax Officer regarding the purchase of goods with unaccounted money by Inter Metal & Allied Co. led to a directive to the Customs Department not to release the goods, initiating a dispute over the goods' ownership and legality of the transaction.5. The dispute escalated as the petitioner's agent attempted to present the bill of entry on behalf of the petitioners, leading to conflicting claims between Inter Metal & Allied Co. and the petitioners regarding the ownership of the imported goods, further complicated by the intervention of the Income Tax Department.6. A Customs investigation was launched to determine the importation's legality and the possibility of correcting the Manifest under the Customs Act, 1962, highlighting the regulatory scrutiny and procedural complexities surrounding the importation process.7. The petitioner contended that the goods rightfully belonged to them and should not be detained by Customs authorities based on Inter Metal & Allied Co.'s disclaiming of interest in the goods. However, the court dismissed the Writ petition, emphasizing the unresolved questions regarding the goods' ownership, the transfer of interest, and the absence of the petitioner's name in the Manifest, suggesting alternative legal recourse for the petitioners.