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2026 Supreme(Online)(Ker) 8487

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MR CARE CENTRE PRIVATE LIMITED – Appellant
Versus
COMMISSIONER OF CUSTOMS, DEPARTMENT OF REVENUE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ASWIN GOPAKUMAR, SRI.ANWIN GOPAKUMAR, SHRI.ADITYA VENUGOPALAN, SHRI.MAHESH CHANDRAN, SMT.SARANYA BABU, SHRI.ABHISHEK S., SMT.GOPIKA B.S., SHRI.ROHIT P.
For the Respondents: SHRI.V.GIRISHKUMAR, SC, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, SHRI.MANOJ RAMASWAMY, SC, BUREAU OF INDIAN STANDARDS, SRI.V.V.SURESH

JUDGMENT

The petitioner is a private limited company engaged in the business of wholesale/distribution and manufacturing of various kinds of consumer electronics.

2. As part of its business, the petitioner used to import goods from abroad. The petitioner is also a small enterprise duly registered under Micro, Small and Medium Enterprises Development Act , 2006, as evidenced by Ext.P1 Udyam Registration. In the ordinary course of business, the petitioner imported 1720 units of Flashlights which according to the petitioner fell under the subheading 851310 of the First Schedule to the Customs Tariff Act, 1985. Ext.P2 is the shipping documents in relation to the same. On 18.09.2025, the petitioner filed a bill of entry with the Customs, seeking clearance of the consignment, supported by the necessary documents including invoice, airway bill and the license issued by the 3rd respondent Bureau of Indian Standards. Ext.P3 is the bill of entry and Ext.P4 is the license issued by the 3rd respondent.

3. However, despite the payment of duty as declared by the petitioner in the bill of entry, the goods were not released by the Customs authorities on the reason that, the product does not confor

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