BIS registration for imports cannot be denied by executive communication where statute treats importers and domestic producers alike.

The BIS registration requirement under the Plywood and Wooden Flush Door Shutters (Quality Control) Order, 2024 was held to apply to imports during the deferred implementation period because the Bureau of Indian Standards Act, 2016 includes importers within the regulated class. An executive communication could not curtail the statute or create a distinction between domestic manufacturers and importers where none exists in the parent enactment. The statutory relaxation available until 28.08.2025 therefore could not be denied merely because the goods were imported, and clearance was directed without insisting on a BIS Registration Certificate.

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Issues: Whether the Plywood and Wooden Flush Door Shutters (Quality Control) Order, 2024 and the BIS registration requirement apply to imports during the deferred implementation period, and whether the executive communication could deny the MSME relaxation to an importer.

Analysis: The definition of "person" under the Bureau of Indian Standards Act, 2016 expressly includes an importer, and the scheme of Sections 16 and 17 applies the compulsory standard mark requirement to imports as well as domestic production. The communication dated 19.03.2025 could not curtail the statutory operation of the Act or create a distinction between domestic manufacturers and importers when the parent enactment makes none. An executive instruction cannot override the statute governing the field, and the relaxation available till 28.08.2025 could not be denied on the ground that the goods were imported.

Conclusion: The objection based on the BIS registration requirement was unsustainable, and the petitioner was entitled to assessment and clearance of the goods without insisting on the BIS Registration Certificate.

Final Conclusion: The writ petition succeeded and the customs authorities were directed to proceed with clearance in accordance with the statutory relaxation applicable to the petitioner.

Ratio Decidendi: Where the parent statute includes importers within the regulated class and does not distinguish between domestic production and imports, an executive communication or circular cannot deny a statutory relaxation or add a distinction not found in the enactment.

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