Feroke Boards Limited vs. Joint Commissioner Of Customs

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WP(C)/19052/2021HC KeralaGSTCNR KLHC01049806202115 September 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS3 pages
AI SummaryDismissed

Facts

The petitioner, Feroke Boards Limited, filed a writ petition before the High Court of Kerala at Ernakulam. The respondents were the Joint Commissioner of Customs, the Commissioner of Customs, and the Directorate General of Systems and Data Management, Customs & Central Excise. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the judgment. The procedural history leading to the filing of the writ petition is also not detailed. The matter came up for admission on September 15, 2021.

Held

The Court accepted the submission made by the learned Counsel for the petitioner that the writ petition had become infructuous. Consequently, the Court decided to dismiss the writ petition on this ground. No specific reasoning beyond the acceptance of the 'infructuous' status was provided. The ratio decidendi is that a writ petition that has become infructuous will be dismissed. There were no specific operative directions issued, other than the dismissal of the petition. No issues were expressly left undecided.

Key Issues

The primary issue before the Court was whether the writ petition should be entertained. The petitioner's counsel submitted that the writ petition had become infructuous. The Court had to decide if this submission was valid and, if so, what the consequence would be for the petition. The petitioner argued that the petition was no longer maintainable due to subsequent developments rendering it infructuous. The respondents' arguments, if any, are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943 WP(C) NO. 19052 OF 2021 PETITIONER: FEROKE BOARDS LIMITED BEHIND ISRO, ERUMATHALA P.O, IX,187-D&E, NALAM MILE, ALUVA, ERNAKULAM-683112, REPRESENTED BY ITS EXECUTIVE DIRECTOR, BASHEER MUSALIAR AKATH. BY ADV ANIL D. NAIR RESPONDENTS: 1 JOINT COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN-682009. 2 THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN-682009. 3 DIRECTORATE GENERAL OF SYSTEMS AND DATA MANAGEMENT CUSTOMS & CENTRAL EXCISE, 4TH AND 5TH FLOOR, HOTEL SAMRAT, CHANAKYAPURI, KAUTILYA MARG, NEW DELHI-110021. ADV.SREELAL.N.WARRIER-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19052 OF 2021 2

JUDGMENT It is submitted by the learned Counsel for the petitioner that the writ petition has become infructuous. Accordingly, the same is dismissed as infructuous. BECHU KURIAN THOMAS JUDGE AJ/15.09.2021

WP(C) NO. 19052 OF 2021 3 APPENDIX OF WP(C) 19052/2021 PETITIONER EXHIBITS Exhibit P1(A)OF THE COMMERCIAL INVOICE DATED 26.06.2021 AND NUMBERED 012975. Exhibit P1(B)OF THE SHIPPING BILL DATED 26.06.2021. Exhibit P1(C)OF THE CERTIFICATE OF ORIGIN UNDER ASEAN-INDIA FREE TRADE PREFERENTIAL TARIF DATED 13.07.2021. Exhibit P1(D)OF THE MARINE CARGO OPEN COVER INSURANCE CERTIFICATE DATED 13.07.2021. Exhibit P1(E)OF THE FREIGHT INVOICE NUMBERED DOC000000003104812 DATED 13.07.2021. Exhibit P2OF THE BILL OF ENTRY DATED 15.07.2021. Exhibit P3OF THE E-RECEIPT EVIDENCING PAYMENT OF IGST DATED 15.07.2021. Exhibit P5OF THE LETTER DATED 30.08.2021 SENT BY THE PETITIONER THROUGH HIS CUSTOMS HOUSE AGENT TO THE 2ND RESPONDENT. Exhibit P6OF THE TRAILING MAILS BETWEEN THE REPRESENTATIVE OF THE PETITIONER AND THE 3RD RESPONDENT. Exhibit P4OF THE LETTER DATED 23.08.2021 SENT BY THE PETITIONER THROUGH HIS CUSTOMS HOUSE AGENT TO THE 1ST RESPONDENT.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.