Commissioner Of Customs Port vs M/S Greenpanel Industries Limited on 10 July, 2026

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    Calcutta High Court

    Commissioner Of Customs Port vs M/S Greenpanel Industries Limited on 10 July, 2026

    Author: Rajarshi Bharadwaj

    Bench: Rajarshi Bharadwaj

                    IN THE HIGH COURT AT CALCUTTA
                    SPECIAL JURISDICTION [CUSTOMS]
                             ORIGINAL SIDE
    
    
    BEFORE:
    THE HON'BLE JUSTICE RAJARSHI BHARADWAJ
    AND
    THE HON'BLE JUSTICE UDAY KUMAR
    
    
                             CUSTA 88 OF 2025
                            IA NO: GA 1 OF 2025
    
                      COMMISSIONER OF CUSTOMS PORT
                                    VS
                     M/S GREENPANEL INDUSTRIES LIMITED
                  (FORMERLY M/S GREENPLY INDUSTRIES LTD)
    
    
                             CUSTA 21 OF 2025
                            IA NO: GA 2 OF 2026
    
              COMMISSIONER OF CUSTOMS AIRPORT AND AIR CARGO
                                  VS
                         SHRI SANJAY AGARWAL
    
                             CUSTA 22 OF 2025
                            IA NO: GA 2 OF 2026
    
              COMMISSIONER OF CUSTOMS AIRPORT AND AIR CARGO
                                    VS
                        SHRI PREET KUMAR AGARWAL
    
                             CUSTA 25 OF 2025
                            IA NO: GA 2 OF 2026
                            IA NO: GA 3 OF 2026
    
              COMMISSIONER OF CUSTOMS (AIRPORT AND AIR CARGO)
                                  VS
                      SHRI DHRUVJYOTI ROY AND ORS.
                                             2
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025
    
    
    
    
    For the Appellant        : Mr. Vipul Kundalia, Ld. Sr. Adv.
    (CUSTA 88 of 2025)         Mr. Anurag Roy, Ld. Adv.
    
    
    For the Respondent       : Mr. Rahul Tangri, Ld. Adv.
    (CUSTA 88 of 2025)         Ms. Taniya Roy, Ld. Adv.
    
    For the Appellants       : Mr. Tapan Bhanja, Ld. Adv.
    (CUSTA 21 of 2025
    CUSTA 22 of 2025 &
    CUSTA 25 of 2025)
    
    For the Respondents      : Mr. Arnab Chakraborty, Ld. Adv.
    (CUSTA 21 of 2025          Mr. Aniket Chaudhury, Ld. Adv.
    CUSTA 22 of 2025 &         Ms. Shreya Mundhra, Ld. Adv.
    CUSTA 25 of 2025)
    
    Reserved on              : 05.05.2026
    
    
    Pronounced on            : 10.07.2026
    
    
    Uday Kumar, J:-
    
    

    1. The present batch of statutory appeals has been preferred by the

    Revenue under Section 130 of the Customs Act, 1962, assailing the

    SPONSORED

    various final orders passed by the Customs, Excise & Service Tax

    Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata. As these

    matters are listed before us for formal admission, we are tasked with the

    preliminary evaluation of whether the memorandums of appeal disclose

    any substantial question of law warranting this Court’s intervention.

    Before we could embark upon this judicial exercise, the proceedings

    were interrupted by the appearance of the Respondents, who raised a
    3
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    significant procedural hurdle regarding the maintainability of these

    appeals.

    2. At the very threshold of the admission hearing, learned Senior Counsel

    appearing for the respective Respondents sought an audience,

    contending that this Court is duty-bound to hear them on the issue of

    subject-matter jurisdiction, specifically concerning the “rate of duty”

    under Section 130E, before any formal order of admission is passed. The

    Respondents’ objection is grounded on the premise that if the appeals

    are inherently defective or outside the Court’s jurisdiction, a preliminary

    hearing would prevent a futile and time-consuming trial. To support this

    contention, they have invoked Rule VI, Part XX, Chapter XXXVIII of the

    High Court at Calcutta (Original Side) Rules, 1914, asserting it confers

    upon this Bench the discretionary power to hear a respondent at the

    admission stage. They argue that this rule is a salutary power intended

    to ensure that the Court does not exercise jurisdiction where none

    exists. Furthermore, by drawing a parallel between the appellate

    framework of the Customs Act laid down under Section 130 and the civil

    appellate procedure under Section 100 of the Code of Civil Procedure

    (CPC), they urged that an appellate court has an inherent duty to permit

    a respondent to demonstrate, at the inception, that no substantial

    question of law exists. The Court should borrow the procedural fairness

    inherent in civil appellate law.

    3. In support of this prayer, the Respondents have placed reliance on the

    principles articulated in Asma Lateef v. Shabbir Ahmad (2024) 4 SCC
    4
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    696, Nusli Neville Wadia v. Ivory Properties (2020) 6 SCC 557, and

    Commissioner of Customs v. Motorola India Ltd. (2019) 9 SCC 563,

    arguing that jurisdictional challenges based on the applicability of an

    exemption notification (Notification No. 104/2009-Cus), directly relates

    to the “rate of duty” under Section 130E, must be addressed at the

    earliest possible stage to ensure judicial economy. They contend that the

    Court should not proceed with an ex-parte admission process when a

    fundamental defect in the maintainability of the appeal has been

    brought to its notice. When a challenge strikes at the very “root” of the

    matter, such as the applicability of a duty exemption or a dispute over

    the “rate of duty” under Section 130E, it is a judicial imperative to

    resolve it immediately.

    4. Further relying on Subrato Biswas v. Nahid Parveen

    (MANU/MP/0463/2025) and K.K. Kannan v. Koolivathukkal Karikkan

    Mandi (2010) 2 SCC 239, the respondents submitted that an Appellate

    Court has a duty to permit a respondent to demonstrate at the threshold

    that no substantial question of law exists.

    5. They have also pointed to Section 83 of the Finance Act, 1994, to argue

    for an integrated approach to procedural applications, suggesting that

    the rigid “gatekeeping” exercise advocated by the Revenue is a departure

    from the broader principles of natural justice and fair play. They posit

    that the Court should adopt a holistic approach, ensuring that tax

    litigation is not reduced to a one-sided inquisitorial exercise when a
    5
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    respondent is present and ready to point out a patent lack of

    jurisdiction.

    6. In sharp contrast, the Learned Counsel for the Appellant-Revenue

    maintained that the statutory scheme of the Customs Act is a self-

    contained code that strictly precludes such preliminary interventions.

    They submit that the admission stage under Section 130 is an

    exclusively inquisitorial “gatekeeping” exercise, where the Court acts as

    a sentinel to determine if a “substantial question of law” exists based

    solely on the memorandum of appeal. Any participation by the

    Respondent at this stage is, therefore, legally alien to the Act.

    7. Learned Counsel relies heavily on the Supreme Court’s interpretation in

    R. Nagaraj (Dead) through LRs v. Rajmani & Ors., (2025 SCC OnLine SC

    762), arguing that the legislature intentionally crafted a two-step

    process, an ex-parte admission followed by a fully contested final

    hearing under Section 130(5). They submit that allowing the Respondent

    to intervene now would “invert this sequence” and turn a summary

    screening process into a full-blown trial and final hearing.

    8. Furthermore, the Revenue pointed out that no formal caveats under

    Section 148A of the CPC have been filed by respondents, nor are there

    any delay-related issues that might otherwise trigger a necessity for

    notice. In the absence of these, the Revenue asserts that the

    Respondents have no locus standi to appear.

    9. Finally, they remind us of our own decision in OCOT 06 of 2025,

    asserting that the rule of judicial discipline and the principle of stare
    6
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    decisis, adherence to the said legal doctrine require us to consistently

    reject the intervention and proceed with the admission hearing in the

    absence of the respondent as the issue has already been judicially

    determined in favor of the ex-parte nature of the admission process.

    10. The facts remain that these appeals are currently at the pre-admission

    stage, where the Court, in its inquisitorial capacity, must satisfy itself as

    to whether a substantial question of law arises. The Revenue, on the

    other hand, contends that the statutory architecture of Section 130 is a

    self-contained code which, by its very design, requires the admission

    process to be conducted in the absence of the respondent.

    11. We, therefore, called upon to determine a foundational procedural issue:

    “whether, in a Customs Appeal filed under Section 130 of the Act, a
    Respondent possesses the locus standi to be heard on the
    maintainability of the appeal at the pre-admission stage or whether
    such a right be statutorily deferred until the final hearing?”

    12. In addressing the core of this dispute, we must first recognize that the

    Customs Act, 1962, is not merely a collection of sections but a

    meticulously crafted procedural ladder. The legislature, in its wisdom,

    has designed Section 130 to be a specialized appellate path. When we

    look at the sequence mandated by the Act, it becomes evident that the

    admission stage is intended to be a swift, preliminary filter. The Court’s

    primary duty at this juncture is to examine the memorandum of appeal

    and determine if, on the face of it, a “substantial question of law” exists.

    This is not the moment for a trial on the merits; it is a moment for the

    Court to exercise its judicial mind in an inquisitorial capacity to ensure
    7
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    that only appeals raising significant legal questions reach the final

    hearing stage.

    13. The Respondents’ reliance on Rule VI, Part XX, Chapter XXXVIII of the

    High Court at Calcutta (Original Side) Rules, 1914, while persistent,

    does not override the primary legislation. It is a fundamental principle of

    jurisprudence that while internal court rules provide the mechanism for

    the administration of justice, they cannot be used to circumvent the

    express statutory sequence enacted by Parliament. We have examined

    the discretionary power mentioned in the Rule VI, and we find that it is

    intended to handle objective, non-merit-based defects, such as matters

    of limitation or technical filings. It was never intended to be a vehicle for

    a “mini-trial” where complex jurisdictional questions, which often involve

    mixed questions of fact and law, are debated before the appeal is even

    admitted. To allow such a practice would be to convert a threshold

    screening into a protracted hearing, thereby clogging the judicial

    pipeline and frustrating the very efficiency the Act seeks to preserve.

    14. Furthermore, we must address the Respondents’ attempt to equate this

    stage with the jurisdictional inquiries discussed in Asma Lateef v.

    Shabbir Ahmad (supra) and Nusli Neville Wadia v. Ivory Properties

    (supra). Having reviewed these judgments, we find they are contextually

    distinct. Those cases dealt with the inherent power of Civil Courts under

    Section 9 of the CPC to determine their own jurisdiction. In contrast, the

    High Court’s role under Section 130 of the Customs Act is that of an

    appellate authority operating within a limited statutory framework. We
    8
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    find the reasoning of the Hon’ble Supreme Court in R. Nagaraj (Dead)

    through LRs v. Rajmani & Ors. (supra) to be the guiding light here. The

    Apex Court has explicitly underscored why the respondent is not a

    necessary participant at this stage:

    “The reason for giving this right to the respondent for raising such
    objection at the time of hearing is because the High Court frames
    the question at the stage of admission, which is prior to issuance
    of notice of appeal to the respondent. In other words, the question
    is framed ex parte and, therefore, sub-section (5) enables him to
    raise such objection at the time of hearing…”

    15. This observation confirms that the statutory scheme intentionally

    segregates the “Admission” phase from the “Final Hearing” phase. The

    Respondent’s right to challenge the maintainability, the jurisdiction, or

    the “rate of duty” notification is not lost; it is merely deferred to the post-

    admission hearing under Section 130(5). By appearing at the final stage

    of hearing, the Respondent can fully argue that the substantial

    questions of law framed by the Court do not actually arise or are barred

    by law. This sequence ensures that the Court is not unnecessarily

    distracted by protracted arguments before it has even satisfied itself that

    the appeal is worth hearing.

    16. Consistency is the bedrock of judicial practice. As we previously held in

    OCOT 06 of 2025, the sanctity of this two-stage process must be

    maintained. To allow the Respondents to intervene now, when no formal

    caveats have been filed and the matter is within time, would be to

    destabilize the appellate architecture envisioned by the legislature. The
    9
    CUSTA 88 OF 2025
    CUSTA 21 OF 2025
    CUSTA 22 OF 2025
    & CUSTA 25 OF 2025

    procedural integrity of Section 130 must be honoured, and we are not

    persuaded that the current circumstances warrant a departure from this

    established sequence. Therefore, the Respondents’ presence at this bar

    for the purpose of challenging maintainability is premature, and we

    must proceed with the screening process as mandated by the Act.

    17. Consequently, we reject the preliminary prayer of the Respondents to be

    heard at this admission stage.

    18. The Respondents are directed to withdraw from the Bar.

    19. We shall now proceed to hear the learned Counsel for the Appellant ex-

    parte on the question of admission and the prayers for ad-interim relief.

    20. Let the appeal be listed on 21st July, 2026 under the heading “To Be

    Mentioned”.

    
    
    
                         I AGREE
    
    
    
               (RAJARSHI BHARADWAJ, J.)                    (UDAY KUMAR, J.)
     



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