The Delhi High Court while presiding in the case where the customs department has seized 9,86,000 Tempered Glass has directed the adjudication authority to rectify differential duty demand, redemption fine and penalty.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has observed that the adjudication authority has failed to consider that the petitioner has deposited the differential duty of Rs.3,73,480 and had also made the payment for release of the goods of a sum of Rs. 24,93,106.
The Petitioner/importer is engaged in the trading and manufacturing of tempered glass. Initially, it is stated that the Petitioner sourced goods exclusively from the local market, however, in pursuit of competitive pricing and enhanced quality, the Petitioner later expanded its sourcing operations to include imports from China and other countries.
The Petitioner had imported more than 9,86,000 pieces of tempered glass vide Bill of Entry. However, the Bill of Entry was only filed for 1,00,000 pieces of tempered glass, as a bulk order was placed but the Petitioner was not aware that the entire order was being supplied at the same point in time. This led to the goods being seized and summons being issued to the Petitioner.
The importer contended that he paid the differential duty and had also made the payment for release of the goods.
The court directed petitioner to appear before the adjudicating authority on 15th May, 2025 along with all the requisite documents. The adjudicating authority shall rectify the order accordingly and pass a fresh adjudication order within 30 days.
Case Details
Case Title: M/S Hamfer India Trading Versus Principal Commissioner Of Customs (Import)
Case No.: W.P.(C) 5870/2025 & CM APPL. 26828/2025
Date: 05.05.2025
Counsel For Petitioner: Prashant Vashisht
Counsel For Respondent: Shubham Tyagi
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