1999 (12) TMI 812 - AT - Customs

Summary

Issues:
1. Claim for refund of Customs duty based on the date of entry inward of goods.
2. Interpretation of the relevant date for duty calculation.
3. Contention regarding the grant of entry inward by the Customs authorities.
4. Evaluation of the evidence presented for the date of entry inward.
5. Consideration of the Supreme Court's stance on the determination of entry inward date.
6. Analysis of the routine functions of Customs officers in relation to entry inward.

Analysis:
The appeal was against the rejection of a claim for refund of Customs duty by the Assistant Collector, upheld by the Collector (Appeals), based on the date of entry inward of goods. The appellant argued that the duty rate applicable should be as of 1-3-1988, not 29-2-1988, due to a budget reduction taking effect on 1-3-1988. The Customs authorities had granted entry inward to the vessel at 11.10 PM on 29-2-1988, leading to the prevailing duty rate of that date being applied.

The appellant contended that entry inward should be granted by the proper officer, citing a public notice and evidence suggesting entry inward was on 1-3-1988. However, the Commissioner's letter was deemed not as contemporaneous evidence. The documents provided, including a declaration from the ship's master, indicated readiness for discharge on 29-2-1988, supporting the Assistant Collector's decision on the entry inward date.

The Tribunal noted the procedure for entry inward as per a previous judgment, emphasizing that entry is granted when the vessel is ready to discharge cargo. The presence of Customs officers at night for such tasks was considered common practice. The expectation of higher duties by the trading public was also highlighted as a factor in applying the prevailing duty rates.

Regarding the Supreme Court's position on entry inward determination, the Tribunal clarified that the date in the register is not the sole factor. The routine functions of preventive officers boarding ships were discussed, emphasizing that such actions did not necessarily relate to entry inward. Ultimately, the Tribunal found no reason to overturn the decision and dismissed the appeal, affirming the entry inward date as 29-2-1988 for duty calculation.