SHIV KUMAR Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner imported Ball Bearings from China which arrived in Calcutta on 14th May, 1993. The bill of entry was submitted by the petitioners for processing to the Customs Authorities on 2nd July, 1993. On 6th July, 1993 an order was passed by the Assistant Collector to the following effect:

(2.) The 5% of the cases were opened on 26th July, 1993 as directed. Samples were drawn and fowarded to the S.I.B. for inspection whether the goods are other than Deep Groove Ball Bearings as declared by the party. It was stated that this could not be ascertained since the party/clearing agent failed to produce any catalogue. On 21st August, 1993 a catalogue was produced by the petitioners and on 25th August, 1993 the bill of entry was assessed by the Officer who had previously assessed the goods on 6th July, 1993. The order reads as follow:

(3.) "The B/E is assessed as per the orders of the Additional Collector in File No. 560 (5) 27/92A". There is no dispute that the provisional assessment was made on the basis that the Ball Bearings imported by the petitioner were Ball Bearings other than Deep Groove Ball Bearings. In spite of that the respondent authorities have not released the petitioner's goods. The petitioner has produced various catalogues before this Court to show that the goods imported by the petitioner were not Deep Groove Ball Bearings. The importance of whether the ball bearings are deep groove ball bearings or not is that the customs duty in respect of deep groove ball bearings is much higher than the other ball bearings.