CLASSIC GRANITES Vs. DEPUTY COMMISSIONER CUSTOMS

JUDGEMENT

(1.) The petitioner, has approached this Court aggrieved by the inaction on the part of the respondent in clearing goods which had been imported by the petitioner, notwithstanding the fact that the petitioner had filed the bill of entry for home consumption as early as on 29.03.2016. The apprehension of the petitioner is essentially that the respondent is deliberately withholding a clearance of the goods citing the probability of a Notification, mandating levy of anti-dumping duty in respect of the goods imported by the petitioner, being published in the immediate future. The learned Standing counsel for the respondent would submit that a Notification No.12 of 2016 dated 29.03.2016 has been published in the Gazette and since the goods imported by the petitioner have been presented for clearance only on 29.03.2016, the said Notification would apply in respect of the goods imported by the petitioner, and the delay in clearance of the goods is only on account of the examination that is required to be performed by the respondent before granting an "out of customs charge" order.

(2.) Taking mote of the said submission of the learned Standing counsel for the respondent, I dispose the writ petition by directing the respondent to ensure that the clearance formalities in respect of the goods are completed within a period of one week from today.