Andhra Pradesh High Court - Amravati
M/S.Moksha Business Machines, vs The Commissioner Of Customs on 24 December, 2020
Bench: C.Praveen Kumar, R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) [3244] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ORAS : PRESENT: | | (LEN Ny 'os 'Ne THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR : AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 24954 OF 2020 Between: M/s.Moksha Business Machines, Room No. 19. 3rd Floor, Unity House, Abids, Hyderabad -- 500001, Rep. by its Managing Partner P. Laxminarayan Rao, S/o.Late.P.Shivaji Rao, aged about 58 years, Occ:Business. Petitioner AND 1. The Commissioner of Customs, (Preventive). 55-17-3, C-14, 2nd Floor, Road No.2, Industrial Estate, Autonagar, Vijayawada-520 010, anata Pradesh. 2. The Union of India, Rep. by Secretary, Department of Electronics and Information Technology; 6, CGO Complex, New Delhi 3. The Additional Commissioner of Customs, O/o The Commissioner of Customs (Preventive), 55-17-3. C-14, 2nd Floor, Road No.2, Industrial Estate, AutoNagar, Vijayawada-520 010, Andhra Pradesh 4. The Deputy Commissioner of Customs, ICD, Krishnapatnam Krishnapatnam Customs House, KAPS Building, Beside SYR Building, Muthukur, Village. Muthkur Mandal, SPSR Nellore District-524344, Andhra Pradesh Respondents
WHEREAS the Petitioner above named through his/her Advocate GANDRA MOHAN RAO presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased pleased to issue an order or direction more particularly one in the nature of Mandamus, declaring the Notification No.1236 ( E ) dated 01.04.2020 issued by the 2nd respondent seeking to include Multi Functional Devices under the 'Electronics and IT goods (requirement of compulsory registration) Order 2012' by way of clarification is without jurisdiction, arbitrary , illegal and contrary to the provisions of Bureau of Indian Standards Act 1986 and the BIS Rules 1987 and to set aside the same and to direct the respondent No. 1,3 to 4 to assess and to release the Multi Functional Devices covered by Bill of Entry No. 7861990 dated 09.06.2020 on payment of duty;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Gandra Mohan Rao Advocate for the Petitioners, Sri.N.Harinath, Asst. Solicitor General, for Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Commissioner of Customs, (Preventive). 55-17-3, C-14, 2nd Floor, Road No.2, Industrial Estate, Autonagar, Vijayawada-520 010, Andhra Pradesh.
2. The Secretary, Department of Electronics and Information Technology, Union of India, 6, CGO Complex, New Delhi
3. The Additional Commissioner of Customs, O/o The Commissioner of Customs (Preventive), 55-17-3. C-14, 2nd Floor, Road No.2, Industrial Estate, AutoNagar, Vijayawada-520 010, Andhra Pradesh
4. The Deputy Commissioner of Customs, ICD, Krishnapatnam Krishnapatnam Customs House, KAPS Building, Beside SYR Building, Muthukur, Village.
Muthkur Mandal, SPSR Nellore District-524344, Andhra Pradesh are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to provisionally release the goods on payment of duty covered by B.E. No. 7861990 dated 09.06.2020, pending disposal of WP 24954 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Sri N.Harindh, learned Assistant Solicitor General of India takes notice on behalf of the respondents.
Having regard to the fact that the erstwhile combined High Court at Hyderabad by its orders dated 06.04.2018 in W.P.No.2728 of 2018 allowed the writ petition itself to the extent indicated therein, and as the case on hand is identical to the one referred to above, there shall be a direction to the respondents to provisionally release the petitioner's import consignment of Multi-function Devices under Bill of Entry No.7861900, dated 09.06.2020 without insisting for compliance under the Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order dated, 2012 pending disposal of the writ petition on condition that the petitioner pays customs duty payable thereon without prejudice to its rights in the writ petition.
SD/-R.KARTHIKEYAN ASSISTAN)REGISTRAR ITTRUE COPY// ; For ASSISTANT REGISTRAR O,
4. The Commissioner of Customs, (Preventive). 55-17-3, C-14, 2nd Floor, Road No.2, Industrial Estate, Autonagar, Vijayawada-520 010, Andhra Pradesh.
2. The Secretary, Department of Electronics and Information Technology, Union of India, 6, CGO Complex, New Delhi
3. The Additional Commissioner of Customs, O/o The Commissioner of Customs (Preventive), 55-17-3. C-14, 2nd Floor, Road No.2, Industrial Estate, AutoNagar, Vijayawada-520 010, Andhra Pradesh .
4. The Deputy Commissioner of Customs, ICD, Krishnapatnam Krishnapatnam Customs House, KAPS Building, Beside SYR Building, Muthukur, Village. Muthkur Mandal, SPSR Nellore District-524344, Andhra Pradesh (1 to 4 by RPAD) One CC to Sri.Gandra Mohan Rao Advocate [OPUC] One CC to Sri.N.Harinath, Asst. Solicitor General, [OPUC] Two spare copies NON SRL » nie NU IIE HIGH COURT cCPKJ & RRRJ DATED:24/ 42/2020 » N nn NOTICE BEFORE ADMISSION WP.No.24954 of 2020 DIRECTION Le, ae ae 2 BDEG 20e0