Page 50 - ELT_15th July 2020_Vol 373_Part 2

A56 EXCISE LAW TIMES [ Vol. 373

Damages claim on Customs — Withholding re-export of
goods allowed by adjudicating authority leading to
huge demurrage and goods becoming obsolete — No-
tice issued by High Court to Customs Department for
damages claimed by assessee
A Division Bench of Delhi High Court comprising Hon’ble Mr. Justice
Vipin Sanghi and Hon’ble Mr. Justice Sanjeev Narula on 5-3-2020 has issued no-
tice, inter alia, to ACC, Exports Shed, Delhi Customs while admitting the W.P. (C)
No. 2591 of 2019 and C.M. No. 12059 of 2019 (Rikon Impex v. Union of India). In
these petitions, the petitioner has claimed damages from Customs Department
for extreme delay of nearly two years in permitting the re-export of the mobile
accessories rendering them obsolete and redundant with their value becoming
zero with passage of time. Further, petitioners had to pay huge demurrage to
custodian in terms of High Court order dated 17-1-2020 in earlier writ petition
W.P. (C) 2597 of 2019 filed by same petitioner [2020 (373) E.L.T. A20 (Del.)]. The
High Court referring to said order has directed Customs Department to explain
as to why the permission for re-export was not granted to the petitioner since
December, 2017 when adjudication order was passed by adjudicating authority
and explain circumstances leading to this non-action. A time of three weeks has
been given for Department to respond.
REPRESENTED BY : Mr. Ramakant Gaur, Ms. Sneha Aryan, Ms. Shubha-
kriti Gaur and Ms. Prerna Agarwal, Advocates, for the
Petitioner.
Mr. Amit Mahajan, CGSC with Mr. Gitesh Chopra,
Mr. Satish Aggarwala, Mr. Gagan Vaswani, Mr. Aman
Rewaria and Mr. Amit Bansal, Advocates, for the
Respondents.

EXIM — Secondhand digital multifunction print and copy-
ing machines, import without authorization —
Provisional release thereof
The Supreme Court Bench comprising Hon’ble Mr. Justice A.S. Bopanna
and Hon’ble Mr. Justice Hrishikesh Roy on 29-5-2020 after condoning the delay
disposed of the Special Leave Petition (Civil) Diary No. 4012 of 2020 with Diary
Nos. 4877-4878, 4880, 4883-4884, 4887, 4894 of 2020, S.L.P. (C) No. 17307 of 2019
and Diary Nos. 3417, 3424, 3437, 3451 of 2020 filed by Commissioner of Customs,
Chennai-II (Respondent being City Office Equipment) against the Judgment and
Order dated 10-9-2019 of Madras High Court in W.P. Nos. 16126, 16131, 16133,
16137, 16206, 16208, 16212, 16215, 16782, 16788, 16790, 20803, 20809, 20910, 21199,
20848 & 20982 of 2019 and W.M.P. Nos. 15875, 15878-15879, 15880, 16390, 16392,
16395, 15916, 15919, 15922, 15924, 19993, 19996, 20110, 20406, 20164 & 20059 of
2019 (Prius Technologies v. Commissioner). While disposing the petition, the Su-
preme Court passed the following order :

EXCISE LAW TIMES  15th July 2020  50