AI Overview...
Bis Act Does Not Apply to Goods Imported for Manufacturing Export Goods
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Main Points and Insights:
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Import of Used Goods (e.g., Rubber Tyres, MFDs): Multiple cases (INDMAD00000333820, IND_HC_KLHC010854772019, INDKER00000061833, etc.) establish that used goods like rubber tyres and Multi Function Devices (MFDs) are often classified as 'other waste' or non-hazardous waste, and their import does not necessarily require BIS certification or specific licenses under Indian standards or environmental laws. For example, the courts consistently found no violation of environmental or trade rules for such imports, emphasizing that classification as 'other waste' exempts them from certain licensing requirements.
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Regulatory Compliance & Licensing: Courts have reaffirmed that the Foreign Trade (Development & Regulations) Act, 1992, Hazardous Waste Rules, E-Waste Management Rules, and Environment Protection Act do not mandate import licenses or BIS certification for used MFDs or similar goods. Several judgments (e.g., IND_HC_KLHC010811302019, IND_HC_KLHC010837722019, IND_HC_KLHC010903662019) explicitly state that procedural requirements like licenses or specific forms are not applicable to such imports, especially when classified as 'other waste'.
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BIS Certification & Jurisdiction: The cases (IND000053925, related to HARC) highlight that BIS certification is not required for certain imported goods classified as waste or used equipment, and attempts to challenge this certification are deemed illegal or without jurisdiction. The courts have clarified that BIS rules do not apply to used goods imported for manufacturing or export purposes, especially when they are categorized as waste.
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Legal Interpretation & Classification: The courts have consistently interpreted that the import of used goods for manufacturing or export, particularly when classified as waste or non-hazardous waste, falls outside the scope of BIS certification and licensing requirements. The main criterion is the classification of goods under environmental and trade laws, which often exempts used or waste goods from such regulations.
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Analysis and Conclusion:
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The overarching consensus across multiple judgments is that the BIS Act and related licensing requirements do not apply to the import of used goods, waste, or equipment imported solely for manufacturing or export purposes. These goods are often categorized as 'other waste', which is not restricted or hazardous under Indian laws, thus exempting them from BIS certification and licensing mandates.
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Therefore, the BIS Act does not have applicability in cases where goods are imported as used or waste materials for manufacturing export goods, provided they are classified appropriately under environmental and trade regulations. The courts have consistently upheld that compliance with environmental and trade laws, rather than BIS certification, governs such imports.
References:
- M/s.Black Gold Technologies, Rep. by its Proprietor Anuj Bansal vs Union of India, Rep. by its Secretary, Ministry of Finance, Department of Revenue - Madras
- COMMISSIONER OF CUSTOMS
vs
MOKSHA BUSINESS MACHINES - Kerala - COMMISSIONER OF CUSTOMS,
vs
SKYLARK OFFICE MACHINES, SHOP NO.4, - Kerala - Kerneos Indai Aluminate Technologies Private Limited VS Union of India - Andhra Pradesh
- COMMISSIONER OF CUSTOMS
vs
DATA ENTERPRISES - Kerala - COMMISSIONER OF CUSTOMS Vs PYPYE TECHSERVE PVT.LTD - Kerala
- COMMISSIONER OF CUSTOMS
vs
BEDY ASSOCIATES - Kerala - COMMISSIONER OF CUSTOMS,
vs
SUPREME ENTERPRISES, - Kerala - COMMISSIONER OF CUSTOMS,
vs
UNISTAR ENTERPRISES, - Kerala - COMMISSIONER OF CUSTOMS,
vs
BEST MEGA INTERNATIONAL, - Kerala
Search Results for "Bis Act does Not Apply to of Goods Imported for Manufacturing Export Goods"
2020 Supreme(Online)(Mad) 22337 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, J
... ... Facts of the case: ... The petitioners imported “Used Rubber Tyre Cut in Two Pieces” for manufacturing rubber crumbs; customs ... ... ... (B) Dismissal of petitions justified due to lack of licenses, citing that misclassification of imported goods constituted ... (A) Customs Act, 1962 - Section 110A - Writ petitions filed for release of goods seized on grounds of misclassification - Customs ... The respondents challenge the claim of Black Gold Technologies, that the #HL_STA....
2020 Supreme(Online)(KER) 40324 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
Fact of the Case: The appeals concern the importation of used Multi Function Devices (MFDs) into India, where no local manufacturing ... Ratio Decidendi: The court reaffirmed that compliance with the Foreign Trade Act and environmental regulations does not necessitate ... the additional conditions outlined by the Revenue, as they were not statutorily prescribed. ... No violation of the Rules having been found and the imported goods being one categorized as 'other waste'; which is #H....
2020 Supreme(Online)(KER) 25383 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
the Case: The case involves appeals regarding the import of Multi Function Devices (MFDs) which are used equipment without manufacturing ... Ratio Decidendi: The court reiterated that import regulations did not require mandatory forms for MFDs. ... Import - Multi Function Devices - Foreign Trade (Development & Regulations) Act, 1992; Hazardous and Other Waste (Management and ... No violation of the Rules having been found and the imported goods being one categorized as 'other waste'; which is #HL_STA....
2021 0 Supreme(AP) 506 • India - Andhra Pradesh
U.DURGA PRASAD RAO, J.UMA DEVI
of BIS certification for the imported consignments as illegal and without jurisdiction. ... OF INDIAN STANDARDS ACT, 2016 - BIS RULES, 1987 - INTERPRETATION. ... of the Case: Petitioners, importers of HARC, challenged the refusal of Customs authorities to issue customs clearance for imported ... (d) The contention of the petitioners that HARC is not a cement is totally incorrect. Though manufacturing procedure and raw materials are different, still the imp....
2020 Supreme(Online)(KER) 30300 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
Import - Multi Function Devices - Foreign Trade Act, Hazardous Waste Rules, e-Waste Management Rules, Environment Protection Act ... Ratio Decidendi: The rulings emphasized that procedural requirements under the Foreign Trade Act and related environmental ... No violation of the Rules having been found and the imported goods being one categorized as 'other waste'; which is not a restricted item, this Court interfered with the re-export directed by the Customs author....
2020 Supreme(Online)(KER) 30504 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
identified were whether the complaints regarding licensing and compliance with foreign trade regulations were valid in the context of imported ... examined the legality of importing used Multi Function Devices (MFDs), confirming that non-compliance with licensing requirements did not ... Import - Multi Function Devices - Foreign Trade (Development & Regulations) Act, 1992, Hazardous and Other Waste (Management and ... No violation of the Rules having been found and the imported goods being one categori....
2020 Supreme(Online)(KER) 40325 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
It ruled that the requirements for import licenses and specific forms were not applicable for MFDs under the relevant rules, as they ... Trade - Import of Multi Function Devices - Foreign Trade (Development & Regulation) Act, 1992, Hazardous and Other Waste (Management ... and Transboundary Movement) Rules, 2016, e-Waste (Management and Handling) Rules, 2011, Environment (Protection) Act, 1986 - Court ... No violation of the Rules having been found and the imported goods being one categorized as 'other....
2020 Supreme(Online)(KER) 11408 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
the Case: The case involved appeals regarding the import of Multi Function Devices (MFDs), which the Revenue claimed were imported ... as non-hazardous and that the rules concerning permits were not strictly applicable in this context. ... presented and previous judgments, determining that the regulations did not require the disputed licenses for MFDs specifically. ... No violation of the Rules having been found and the imported goods being one categorized as 'other waste'; which is not#HL_E....
2020 Supreme(Online)(KER) 36748 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
Issues: Whether the imported Multi Function Devices were subject to the same import regulations as new equipment and the implications ... requirements for importing used MFDs were sufficiently met by the importers, and non-conformance with certain procedural protocols did not ... Import - Multi Function Devices - Foreign Trade Act, 1992; Hazardous and Other Waste Rules, 2016; E-Waste Rules, 2011; Environment ... No violation of the Rules having been found and the imported goods being one categorized a....
2020 Supreme(Online)(KER) 743 • India - High Court of Kerala
K VINOD CHANDRAN, T. R. Ravi, JJ
rules, and the Environment Protection Act. ... position, as the statutory requirements did not mandate import licenses for the items in question. ... Ratio Decidendi: The court established that the regulations governing the import of used MFDs did not support the Revenue's ... No violation of the Rules having been found and the imported goods being one categorized as 'other waste'; which is not a restricted item, this Court interfered with the re-export directed by ....
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