2008 (12) TMI 602 - AT - Central Excise

Summary

Issues:
1. Extension of warehousing period and applicable rate of duty for warehoused goods.

Analysis:
The appellant imported chemicals and warehoused the goods in a public bonded warehouse. The warehousing period expired, and the request for extension was not granted. Part of the goods was cleared before the expiry. The appellant filed a bill of entry seeking clearance of the remaining goods at a lower duty rate effective from a later date. The appeal challenging the assessment order was rejected by the Commissioner (Appeals).

The appellant argued that since no extension was granted, the expiry date should be deemed as the date of clearance. The appellant relied on the decision of the Hon'ble Supreme Court in a specific case. The Department cited another Supreme Court case and a withdrawn Board circular to support their position on the duty rate for warehoused goods not cleared within the permitted period.

The Tribunal considered both arguments and emphasized that warehousing is a facility for importers, and extension is not a right. The Tribunal referred to the Supreme Court decision to determine the duty rate based on the expiry date of the warehousing period. The Tribunal distinguished the case cited by the appellant and highlighted the withdrawal of the Board circular, aligning with the Supreme Court decision.

Ultimately, the Tribunal held that the duty rate applicable is as of the expiry date of the warehousing period, not the later date of filing the bill of entry. Therefore, the appeal was rejected as there was no reason to interfere with the Commissioner (Appeals) order.

This detailed analysis clarifies the issues surrounding the extension of warehousing period and the applicable duty rate for warehoused goods, outlining the Tribunal's decision based on legal principles and precedents cited by both parties.