Madras High Court
M/S.Karvwa Exports Pvt vs Deputy Commissioner Of Customs Depb on 13 July, 2017
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.07.2017 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.32157 of 2004 M/s.Karvwa Exports Pvt., Ltd., rep. by its Director Mr.Vivek Karwa. ...Petitioner Vs. Deputy Commissioner of Customs DEPB, Customs House, No.32, Rajaji Salai, Chennai -600 001. ...Respondent Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to pass speaking order on the representations submitted by the petitioner on 03.07.2004, 20.07.2004 and 11.08.2004. For Petitioner : Mr.S.S.Radhakrishnan For Respondent-1 : M/s.S.R.Sundar O R D E R
Heard Mr.S.S.Radhakrishnan, the learned counsel appearing for the petitioner, and M/s.S.R.Sundar, learned counsel for the first respondent.
2. It is submitted by the learned counsel appearing for the petitioner that, enhanced value has been paid, and subsequently, the goods have been released, since they are perishable goods and the petitioner sought for a direction upon the respondent to pass a speaking order on the representations submitted by the petitioner, so that, they will be able to workout their remedies under the provisions of the Customs Act, 1962.
3. The respondent filed a counter affidavit, stating that the enhancement of the value has been accepted by the Importers, and the same was recorded in the Electronic Data Interchange (EDI), and the goods have been assessed and released.
4. Thus, the respondent appears to have taken a stand that the Importers have accepted the value of the enhancement, voluntarily. Further, it is stated that the value has been enhanced based on the National Import Date Base price and recorded price at Customs House, Chennai.
5. In the light of the aforesaid stand taken by the respondent, at this juncture, there will not be any necessity to issue a direction to the respondent to pass a speaking order because of efflux of time. Therefore, Writ Petition is closed, leaving it open to the petitioner to furnish a fresh representation to the respondent, if still a need arises to do so. No costs.
13.07.2017 sd To Deputy Commissioner of Customs DEPB, Customs House, No.32, Rajaji Salai, Chennai -600 001.
T.S.Sivagnanam, J.
sd Writ Petition No.32157 of 2004 13.07.2017