BOSCH LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Perused petition. Rule, returnable forthwith.

(2.) This petition, filed under Article 226 of the Constitution of India is seeking a writ of mandamus directing respondents and their subordinates to allow clearance of the consignment covered by bill of entry dated 1st February, 2010 by accepting the transaction value as under Section 14(1) of the Customs Act,1962. Incidentally, the Circular No.4/2008Cus dated 12th February, 2008 issued by the Ministry of Finance, Govt. of India laying down certain guidelines regarding valuation practice of second hand machinery is also a subject matter of challenge in the petition.

(3.) The factual score emerging from the petition is that the petitioners are Public Ltd. Co. regularly importing raw materials as well as capital goods (both new and second hand) for the purposes of manufacturing automotive components. Some times imports are also made by the petitioners from their Group Companies.