2009 (3) TMI 755 - AT - Customs

Summary

Issues:
- Duty demands on steel melting scrap bought on High Sea sale
- Short landing and transit loss claims
- Lack of evidence for short landing and transit loss
- Rejection of short landing claim
- Transit loss allowance reduced to 0.25%

Analysis:
The case involved three Appeals consolidated due to a common issue of duty demands on steel melting scrap purchased on High Sea sale. The Appellants cleared the goods at a concessional duty rate subject to an end-use condition. The duty demands arose as the Appellants failed to produce the end-use certificate for the full quantity, leading to differences between normal and concessional duty rates. The Authorities ruled against the Appellants, prompting the Appeals to the Tribunal.

Regarding the shortage in quantity claimed by the Appellants due to short landing and transit loss, the Appellants argued that no duty should be charged on the short-landed quantity, supported by survey reports. However, the Departmental Representative contended that the shortage claims were unsubstantiated, as the survey reports lacked Customs Authorities' signatures. The Tribunal noted the absence of bill of entry copies and survey reports to support the Appellants' claims, emphasizing the requirement for Customs assessment and recording of shortages for duty refunds. Since no evidence of such assessments or refund claims was presented, the short landing claim was dismissed.

On the issue of transit loss, the Appellants sought allowance for a 1% loss during transportation of steel melting scrap. The Tribunal deemed a 1% allowance excessive for non-volatile goods like steel melting scrap, suggesting a more reasonable 0.25% loss allowance. Accordingly, the Appeal was partially allowed, directing the original Authority to recalculate the demand after considering a 0.25% transit loss on the bill of entry quantity.

In conclusion, the Tribunal upheld the rejection of the short landing claim due to lack of evidence and reduced the transit loss allowance to 0.25% for the steel melting scrap, emphasizing the need for substantiated claims and reasonable loss allowances in duty disputes.