Delhi High Court - Orders
A R Sales Pvt Ltd vs Union Of India & Ors on 1 July, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3121/2024 & CM APPLs. 12796/2024, 29652/2024
A R SALES PVT LTD. ..... Petitioner
Through Mr. R.K. Handoo, Mr. Santosh
Kumar Yadav, Mr. Yoginder Handoo
and Mr. B.K. Singh, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Arjun Mahajan, SPC with Ms.
Neha Rai and Mr. Apoorv Upmanyu,
Advocates for R-1 to R-3.
Mr. Aakash Meena, GP for R-1.
Mr. Anurag Ojha, SSC with Mr.
Kumar Abhishek, Mr. Sunder Singh,
Mr. Nabir Singh, Mr. Rajeev Lochan,
Ms. Meetali Chhabra and Mr.
Shubham Kumar, Advocates for R-4.
Mr. Aditya Singla, SSC with Mr.
Ritwik Saha, Mr. Raghav Bakshi and
Mr. Anand Pandey, Advocates.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 01.07.2024 CM APPL. 35953/2024
1. On 28.05.2024, this Court had directed the authorized representative of the Petitioner to meet the Joint DGFT to sort out the issue as to whether item covered in Shipping Bill No.7552481 can be sent back to the same entity from whom the goods were imported in the country and items covered in Shipping Bill Nos.7567132, 7596729, 7567057 can be re-exported.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 20:52:22
2. On 05.06.2024, this Court was informed that as far as Shipping Bill No.7552481 is concerned, the Petitioner has been permitted to send the goods back to the entity from whom the goods were imported in the country and as far as Shipping Bill Nos. 7567132, 7596729, 7567057 are concerned, the application has been sent to the Inter-Ministerial Working Group (IMWG).
3. Today, learned Counsel appearing for Respondent No.1 states that the Petitioner has withdrawn the initial application and has filed a fresh application. He states that certain documents have been sought from the Petitioner. Let a status report be filed during the course of the day.
4. Learned Counsel appearing for the Petitioner informs this Court that to compound the problem, the Customs Department has now intervened in the matter and has sent a Communication dated 18.06.2024 to the Petitioner. Paragraph Nos.4, 5 and 6 read as under:
"4. From the above, it appears that despite DGFT letter dated 02.02.2024 (copy enclosed) requiring you to obtain SCOMET authorisation for the subject goods when the goods were brought into the Customs Area for export, no such authorization have been obtained by you before filing the shipping Bill No.7552481 dated 15.02.2024 and. Therefore, there appears to be a violation of Customs Act at the relevant time till the grant or requisite license No.0101017088 dated 04.06.2024 by DGFI.
5. However, as the investigation is ongoing/pending at the end of DRI (DZU). In the light of NOC received from DRI, High Court Order dated 05.06.2024 and DGFT authorization approval for provisional release of goods to re-export/return of goods in shipping bill No.7552481 dated 15.02.2024 to the seller may be This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 20:52:22 given subject to fulfillment of the following conditions:-
(i) Execution of Seizure Bond value equivalent to the declared FOB value of the seized goods.
(ii) Furnishing of Cash/Bank Guarantee of an amount or RS.10 Lakh, with auto renewal clause.
(iii) Submission bill will not be challenged in the future.
(iv) Drawback and other export incentives to remain suspended till the finalization of the investigation.
6. Therefore, you are request to execute the Bond/Undertaking and Bank Guarantee as mentioned above and submit to this office at the earliest for further necessary action."
5. Learned Counsel for the Petitioner states that the Customs Department has no role to play in this matter.
6. Mr. Aditya Singla, learned Counsel appearing for the Customs Department, prays for and is granted a day's time to seek instructions on the aforesaid.
7. List on 02.07.2024.
SUBRAMONIUM PRASAD, J JULY 01, 2024 S. Zakir This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 20:52:22