2006 (2) TMI 526 - AT - Customs

Summary

Issues:
Refund claim for short shipment of goods detected after out-of-charge by customs.

Analysis:
The appellant imported a Complete Converter Basket Assembly and filed a Bill of Entry on 8-10-2001. The goods were assessed on second check basis, and duty amounting to Rs. 5,00,970/- was paid. Subsequently, the appellants found some items missing from the consignment and claimed to have received the missing goods by air, free of charge, on which they paid customs duty amounting to Rs. 3,93,622/- on 16-11-2001. The present appeal pertains to the refund claim filed by the appellants against the original duty payment, which was rejected by the lower authorities.

The appellant cited various Tribunal decisions to support their claim for refund in cases of short shipment of goods detected subsequently. However, the Departmental Representative strongly opposed the refund claim, stating that refund can only be allowed if a shortage is detected in the presence of customs officials before out-of-charge is given. The DR relied on Tribunal decisions in similar cases to support the rejection of the refund claim.

After reviewing the case records, cited case laws, and submissions from both sides, the Member (T) found that no shortage was detected or reported before out-of-charge was given from customs control. Therefore, the Member (T) concluded that no refund could be allowed in this case. The decision was supported by a Tribunal precedent where it was held that subsequent supply of short-shipped goods by the supplier does not make the importer eligible for a refund of duty. Consequently, the appeal was rejected.

This judgment clarifies the criteria for allowing refunds in cases of short shipment of goods detected after customs clearance. It emphasizes the importance of detecting shortages before goods are given out-of-charge by customs to qualify for a refund of duty paid. The decision underscores the significance of compliance with customs procedures and the implications of subsequent supply of missing goods on refund claims.