A series of writ petitions concerning the import of second-hand digital multifunction printing and copying machines were addressed by the Madras High Court where the court ordered the release of the machines on payment of enhanced customs duty.
Both the counsel for the petitioners and the senior standing counsel for the Customs Department noted that a previous batch of writ petitions related to the same product had been resolved through an order dated 23.11.2023 in W.P.Nos.29673 of 2023 batch. They suggested that the current petitions could also be disposed of similarly.
The operative portion of the order of this Court in the above mentioned batch is as under:
“W.P.Nos.28817 and 30506 of 2023 are disposed of directing the petitioners to cause reply to the show cause notice issued to them and the respondent department is directed to consider the same and pass necessary orders within a stipulated time. As far as release of goods is concerned, the same shall be released provisionally.…………….
(a) That there shall be a direction to the respondents to consider the plea of the petitioners to release the goods by way of provisional release on condition that, the petitioner shall pay/deposit the enhanced duty amount. On receipt of such enhanced duty amount paid by the petitioners, the goods in question shall be released within a period of three (3) weeks thereafter.”
A single bench of Justice Senthilkumar Ramamoorthy directed the respondents to consider the petitioners’ request for provisional release of the goods, provided the petitioners paid or deposited the enhanced duty amount. Upon receipt of the enhanced duty payment, the goods in question would be released within three weeks. Consequently,writ petitions were disposed of following the above mentioned above.
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